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Israel: PPL amendment bill passes Knesset
On August 8, 2024, the Privacy Protection Authority (PPA) announced that the Parliament (Knesset) passed the Privacy Protection Bill (Amendment No. 13) (formerly known as Amendment 14) into law.
What are the notable provisions of Amendment No. 13?
According to the PPA, Amendment No. 13 amends the Protection of Privacy Law (PPL), establishes new and advanced arrangements, and provides effective enforcement tools, in a way that will match the challenges of the digital age, increase the protection of the Israeli public's fundamental right to privacy, and strengthen the fight against the growing cyber threats. The amendment updates and clarifies all the essential definitions in the PPL and includes data that would be considered as 'specially sensitive information.' Amendment No. 13 also expands the authority to award compensation without proof of damage. The following are the notable amendments to PPL, among others.
The PPA
The PPA's authority to impose financial sanctions for violating the provisions of the law and regulations in the field of information security, in significant amounts, is incorporated. PPA's administrative enforcement powers were regulated, and the criminal investigation powers of the PPA's investigators were anchored in Amendment No. 13. Additionally, the PPA's authority to act to obtain a judicial order for the cessation of processing of personal information, including its deletion, in cases where this is required to stop a violation of the provisions of the law, is included.
Privacy protection officer
Amendment No. 13 introduces the obligation to appoint a privacy protection officer in public bodies and in any organization whose main occupation includes the processing of sensitive personal information to a considerable extent, as well as in any organization whose activity involves the systematic monitoring or tracking of people to a considerable extent. The role of the privacy protection officer in the organization is to act to ensure compliance with the provisions of the PPL and its regulations and to promote the protection of privacy even beyond the requirements of the law.
Additionally, Amendment No. 13 includes the obligation to appoint an internal privacy inspector in all security agencies. The internal inspector will be guided by the PPA and will supervise the procedures of the security body and its policy in the field of privacy protection, identify violations of the PPL, hold training on privacy issues, and submit reports to the head of the PPA.
Database registration
Amendment No. 13 reduces the regulatory burden through a significant reduction of the obligation to register digital databases. As part of the amendments, the obligation applicable to entities in the private sector to register the databases under their management will be almost completely abolished, with the exception of databases managed by those engaged in information trade (in relation to public entities, the obligation will be waived). At the same time, an arrangement was established according to which the PPA can be requested for a preliminary opinion regarding compliance with the requirements of the law or the regulations.
Ban on the processing of illegally collected personal information and criminal offenses
Amendment No. 13 has a dedicated chapter on criminal offenses in databases, which includes, among other things, processing information without the permission of the person controlling the database, and deliberately misleading a person when contacting them to request personal information. Amendment No. 13 also includes a blanket prohibition on performing any action with personal information collected illegally.
Next steps
Amendment No. 13 will become effective one year from the date of its publication.
Notwithstanding the above, the commencement of the section applicable to the powers of supervision and administrative investigation of the inspectors of the PPA to the Israel Police databases will be three years from the date of commencement. The Judiciary, with the consent of the Minister of National Security and the approval of the Constitution, Law, and Justice Committee of the Knesset, may postpone the aforementioned date by three years, each time.
You can read the press release, only available in Hebrew, here.
Update: August 14, 2024
Amendment No. 13 published
On August 14, 2024, Amendment No. 13 was officially published.
You can read Amendment No. 13, only available in Hebrew, here.