Israel's top court says COVID-19 phone-tracking must be legislated

People walk on the platform at Israel's new high-speed rail line station at Ben Gurion International Airport, in Lod, near Tel Aviv, September 25, 2018. /Reuters

Citing grave dangers to privacy, Israel's Supreme Court ruled on Sunday that the Shin Bet security service's cell phone tracking of confirmed coronavirus carriers cannot continue unless the government brings the highly controversial practice under legislation.

However, the panel of three justices, led by Supreme Court Justice Esther Hayut, granted the government the right to approve an extension of the tracking for the coming weeks, on condition that it begins the legislative process.

Circumventing parliament in March, Prime Minister Benjamin Netanyahu's cabinet approved emergency regulations that enabled the Shin Bet internal security service to retrace the movements of coronavirus patients by making use of the masses of phone and credit card data at its disposal, which it generally is only permitted to use for counter-terrorism operations.

The court ruling came in response to petitions filed by rights groups against the tracking. The Supreme Court said the government must begin legislation by April 30 and complete it within a few weeks if it wanted to continue tracking people's phones in its bid to stop the virus spreading.

"The state's choice to use its preventative security service for monitoring those who wish it no harm, without their consent, raises great difficulties and a suitable alternative, compatible with the principles of privacy, must be found," the court said.

Citing freedom of the press, the court also ruled that monitoring of journalists confirmed to have been infected with the coronavirus can only be done with their consent. If they refuse, members of the media could seek an injunction against the practice, in order to protect their sources.

"Freedom of the press and the protection of journalistic sources is important in the days of a national crisis," the judges wrote.

Israeli Energy Minister Yuval Steinitz said he was concerned by the court's decision because the Shin Bet "has had a critical contribution in curbing the pandemic and allowing us to gradually lift the lockdown, giving Israel's citizens back their freedom of movement and occupation."

Israel, which has a population of about 9 million, has reported more than 15,000 coronavirus cases and 201 deaths. With about 100 COVID-19 patients on ventilators and 2,000 hospital beds on standby, the government has begun to ease restrictions.

(With input from Reuters)