Israel
Language of privacy
There is a clear concept of privacy within the Israeli law.
Section 1 of the Protection of Privacy Law of 1981 states that “no person shall infringe the privacy of another person without the other’s consent”.
Section 2 of that law defines what infringement of privacy is. It includes “using or passing on to another information on a person’s private affairs otherwise than for the purpose for which it was given” and “publishing of any matter relating to his intimacy, including …his health condition…”
The right of Privacy in Israel has been elevated to the level of a statutory basic right. Section 7 of the Basic Law: Human Dignity and Liberty of 1992 states:
(a) All persons have the right to privacy and intimacy.
(b) There shall be no entry into the private premises of a person who has not consented thereto.
(c) No search shall be conducted on the private premises or body of a person, nor in the body or belongings of a person.
(d) There shall be no violation of the secrecy of spoken utterances, writing or records of a person.
Sections 8 states:
There shall be no violation of rights under this Basic Law except by a law befitting the values of the State of Israel, enacted for a proper purpose, and to an extent no greater than is required.
The Patients’ Rights Law was enacted in 1996. It imposes a duty of confidentiality on all medical personnel.
The Genetic Data Law of 2000 is treating genetic data generally according to the general concept of privacy. However it tightens the limits of disclosure of private DNA information.
The concept of privacy in Israeli law is individualistic in general and in principle. However the law does recognise some of the interests of the public to legitimately override the individual interest in privacy, for the sake of public interests, e.g. reportable infectious diseases to the health authorities or infringement of privacy in cases of alleged criminal acts, but in such a case a specific permissions by authorities, like courts or the attorney general, is needed.
