The head of Israel's Privacy Protection Authority, attorney Gilad Samama, issued a stern warning to political parties Thursday, making clear that a recent ruling by Central Elections Committee chairman Justice Noam Solberg will be strictly enforced. Solberg's August 4 decision prohibits the transmission of information about whether an individual voted or was present at a polling station. Samama emphasized that his authority will pursue enforcement action against violators.
Solberg's ruling determined that transferring information about a person's arrival at a polling station to exercise their voting rights, or about the fact that they voted at all, constitutes an illegal invasion of privacy. The prohibition applies even when such information is collected for the purpose of encouraging voter turnout or managing party election operations.
The decision further specifies that party representatives stationed at polling places are not permitted to relay to their party, anyone acting on its behalf, or any other entities, information about an individual's presence at the polls, the fact of their voting, or the circumstances surrounding their vote. This applies in the absence of any other legal authority under Knesset election laws.
Samama clarified that the prohibition extends beyond the political parties themselves. It also applies to operators of dedicated applications that process personal information on behalf of parties, as well as to any individual or organization involved in collecting, transmitting, or processing such data.
The Privacy Protection Authority warned that violations of the prohibition could trigger enforcement proceedings and the imposition of significant financial penalties on parties, application operators, and other involved parties, depending on the findings and circumstances.
Samama noted in his letter that violating Section 2(9) of the Privacy Protection Law constitutes both a civil tort and a criminal offense, carrying a penalty of up to five years' imprisonment.
In addition, the transfer, storage, or use of information about the fact of an individual's voting could be considered further violations of the Privacy Protection Law. A party that possesses or uses information transmitted to it by polling station representatives, in contravention of Solberg's decision, would be exposed to financial penalties for these violations as well.
