Tag Archives: Israel

Israeli Supervisor of Banks Issues Letter on Social Networking

Reporting from Israel, legal consultant Dr. Omer Tene writes:

On July 28, 2010, the Israeli Supervisor of Banks, Rony Hizkiyahu, issued a letter to the CEOs of all local banks expressing concern over the banks’ and their employees’ use of online social networks, including both proprietary Web 2.0 tools and networking sites such as Facebook, Twitter, LinkedIn, MySpace and YouTube, all of which are explicitly referred to in the letter.  The Supervisor of Banks, Israel’s banking regulator, requires banks to take steps to ensure data protection and information security, including having outside experts perform risk assessments, creating and enforcing policies for use of social networking tools as well as guidelines and procedures for implementation and audit, and devising a data security strategy to address increased risks to employee and customer data.  These instructions are in addition to the Supervisor of Banks Proper Conduct of Banking Business Regulation No. 357, Information Technology Management, as well as applicable data protection law and regulations.

View the Supervisor of Banks’ letter (in Hebrew).

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Irish Government Challenges Adequacy Level of Data Protection in Israel

On July 6, 2010, the Irish government formally objected to the adequacy procedure initiated by the European Commission that would have allowed the free flow of European personal data to Israel, over concerns of the possible use of the information by Israeli officials.  This political move follows recent revelations regarding forgery of European passports, including several from Ireland, and their alleged use by Israel’s intelligence services.

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Israel’s Privacy Regulator Imposes a $70,000 Fine for Illegal Trading of Personal Data

Reporting from Israel, legal consultant Dr. Omer Tene writes:

The Israeli Law, Information and Technology Authority (“ILITA”), Israel’s privacy regulator, continues to up the ante for data controllers in Israel.  This week ILITA imposed a $70,000 (NIS 258,000) fine against a company illicitly trading personal data. 

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International Data Protection Authorities Scold Google Over Privacy Concerns

On April 19, 2010, the Privacy Commissioner of Canada, Jennifer Stoddart, and the heads of nine other international data protection authorities took part in an unprecedented collaboration by issuing a strongly worded letter of reproach to Google’s Chief Executive Officer, Eric Schmidt.  The joint letter, which was also signed by data protection officials from France, Germany, Ireland, Israel, Italy, the Netherlands, New Zealand, Spain and the United Kingdom, highlighted growing international concern that “the privacy rights of the world’s citizens are being forgotten as Google rolls out new technological applications.”

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Landmark Israeli Supreme Court Case: Online Anonymity Is a Constitutional Right

In a landmark holding, the Israeli Supreme Court restricted the unmasking of an anonymous defendant on an online defamation case, holding that online anonymity is a constitutional right derived from the right to privacy and free speech.

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Article 29 Working Party’s Recommendation on Israel’s Data Protection Law

Earlier this year, the EU’s Article 29 Working Party published an opinion finding that Israeli data protection law largely provides an “adequate level of data protection” under EU Data Protection Directive 95/46/EC.  The recommendation breaks new ground.  Law professor Omer Tene, who acted as an advisor to the Israeli government during the process, discussed Israel’s approval during this recorded segment from the Centre for Information Policy Leadership’s “First Friday” call on March 5, 2010.

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Article 29 Working Party Finds that Israeli Data Protection Law Provides “Adequate Protection”

On January 5, 2010, the Article 29 Working Party published an opinion dated December 1, 2009, finding that Israeli data protection law largely provides an "adequate level of data protection" under the European Union Data Protection Directive 95/46.  The European Commission will now take this opinion into account when determining whether to issue an "adequacy decision" for Israel in the coming months.  Such a decision would provide that data transfers to Israel from the EU are adequately protected for purposes of compliance with the Directive.

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New Anti-Spam Law Takes Effect in Israel

On December 1, 2008, a strict anti-spam law came into effect in Israel.  The legislation, enacted as an amendment to the country’s Communications Law, prohibits the delivery of advertisements using mobile text messaging, email, fax or automatic dialing systems without first obtaining the recipient’s explicit written consent.  The law contains several exceptions to the prior consent requirement.  For example, advertisers may reach out to businesses to inquire whether they wish to receive marketing communications.  Advertisers also may send unsolicited marketing communications to individuals with whom they have established a prior business relationship, but the recipients retain the right to opt out of receiving marketing communications in the future.  The law also regulates the content of marketing communications. It requires advertisers to include in a commercial message the word "advertisement" and the advertiser’s name, address and contact information, including an email address that recipients may use to opt out.  The law contains strong enforcement provisions. Recipients of unsolicited communications may sue advertisers to collect up to the equivalent of $250 for every unsolicited communication, without proving actual damages.  Violators also may face criminal penalties and fines potentially exceeding the equivalent of $50,000.

A press release from the Israel Ministry of Communications is available here.

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