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Protection of Privacy Law

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June 1 2017

New Regulations for the Protection of Databases

In a previous Newsletter [link] we reported that new Regulations from the Information, Law and Technology Authority for the protection of databases of public and private bodies would shortly enter into force.  As reported there, these new Regulations detail the principles for the protection of information relying on internationally accepted standards of protection of information.   By contrast with the protection of information generally, which leans towards the protection of the interests of the organization, the new Regulations emphasize the purpose of the law to protect the rights of the subject of the information.

As the final version of the new Regulations has now been published in the Official Publication, we wish to update our clients on certain matters concerning these regulations in their final form:

1. The Regulations have added two types of databases, in addition to the types of database which were already defined (databases providing middle and high level protection). 

a. The first – a database which is managed by an individual, or a company in the ownership of an individual, and only such individual or at most another 2 persons with authorized access are entitled to use the database.  Such a database cannot include a database the principle purpose of which is the collection of the information for transfer to another, such as direct mail services, a database extending to 10,000 and more individuals, or databases with respect to which the owner of the database is under a professional duty of secrecy.  This database will enjoy certain relaxations on the obligations imposed on its owners (by contrast with databases in the remaining levels of protection).

b. The second – a database with a basic level of protection.  The basic level of protection will apply to a database which is not managed by an individual and which is does not contain the types of information contained in databases of middle and high protection.   So in effect the new Regulations address a lacuna which was in the draft regulations which did not expressly provide what the protection requirements would be for databases which are not at middle or high level protection.

c. In addition, the types of information in databases of middle protection are extended, and can contain additional aspects of economic data (such as assets, debts, economic obligations and ability to meet them) as well as details on personality of the person, his faith and opinions.  Databases of high protection are also updated and these will now include public bodies which manage the types of information which are defined as having a high level of protection. 
The new Regulations will enter into force in their entirety within one year of their publication, namely on May 8, 2018 and not in a staggered manner as had been anticipated in the draft Regulations. 

2. The new Regulations provide that they will also apply to provisions in other statutes concerning the protection of information – unless there is a contradiction between the different provisions and the Regulations.  

3. The new Regulations also nullify various provisions of the Protection of Privacy (Condition for Possessing and Maintaining Information and Arrangements for Transfer of Information between Public Bodies) Regulations, 5746-1986, concerning the fields of responsibility of the manager of the database and the provisions concerning management and maintenance of limited information. 

Reference: Regulations for the Protection of Privacy (Protection of Information), 5776-2016.

 
Disclaimer: This Newsletter is intended only to provide general updates to clients and for no other purpose. Nothing in this Newsletter constitutes any opinion or advice on the subject matter dealt with therein. For any advice or opinion, clients are advised to approach the relevant lawyer at Naschitz, Brandes Amir & Co.

Contact Us:

Adva Perets
Adv. Efrat Artzi
tel: 972-3-6236050
email: 
eartzi@nblaw.com
Yraon Rossman
Dalit Ben-Israel
tel: 972-3-6236009
email: dbenisrael@nblaw.com
Edited by Dr. Sharon Yadin, Adv.
Written by: Adv. Efrat Artzi
English version by Adv. Helen Raziel