Israel’s Supreme Court Nixes Shin Bet Surveillance Program Fighting COVID-19: ‘Slippery Slope’

JERUSALEM (VINnews) — The Israeli Supreme Court ruled Sunday evening that the Shin Bet will not be able to continue its surveillance program to combat COVID-19 unless the matter is legislated in the Knesset by Thursday. If it is legislated the program can continue for another few weeks. “We must be especially vigilant that the unusual events we are coping with in recent days will not lead us on a slippery slope of using irregular and harmful methods without justification,” Supreme Court Chief Justice Esther Chayut wrote in her ruling, which was seconded by justice Chanan Meltzer.

The petitions against the surveillance were submitted by the Association for Civil Rights in Israel (ACRI), the Joint Arab List, Addalah (Human Rights Organization) and Attorney Shachar Ben-Meir.

The judges added that “new subjects appeared before us which the entire world, the medical profession and the legal enterprise has yet to discuss until now. In our ruling we tried with the help of the authorities who dealt with the appropriate legislative principles to deal with the situation and provide solutions which on the one hand could save lives and on the other hand protect the constitutional rights in a balanced manner.”

The court also restricted Shin Bet surveillance on journalists even if they are sick with COVID-19. No journalist will have his details transferred to the Shin Bet without his agreement , since “the importance of freedom of press in a democratic country does not need to be explained and protecting this freedom is crucial in days of national crisis.”

Justice Noam Solberg demurred , claiming that those who were exposed to a sick journalist should be entitled to know as early as possible that they had been exposed, and they too have a right to health.

The Civil Rights groups welcomed the courts decision but expressed their reservations regarding the possibility of legislation which would extend the Shin Bet’s surveillance capabilities for a few more weeks, “which causes acute harm to the freedoms of all residents and contradicts the constitutional basis of civil rights.” Journalist Association leaders also welcomed the court’s decision which will enable them to protect their sources.

Energy Minister Yuval Steinitz who is leading the team monitoring the Shin Beit’s surveillance program criticized the decision, stating that the work of the Shin Bet had a crucial part in controlling the coronavirus outbreak and in enabling the removal of the lockdown allowing Israelis to return to their activities. He added that “I am worried by the Supreme Court’s decision and the impossible time frame which it has forced the government to adopt with its unnecessary and exaggerated interference.”

The court had previously allowed the surveillance program to track down citizens who had been situated near verified COVID-19 infected persons in order to isolate them from the rest of the population and prevent spread of infection. The program had been supported by Attorney-General Mandelblit and reports suggest that it has succeeded so far in tracking down a third of the verified cases of COVID-19 in Israel.

Former Justice Minister Ayelet Shaked also criticized the court’s decision, stating that “it is preferable to harm people’s privacy than harming people’s lives and preventing them from making a living and therefore it is critical that it sould continue under supervision and for a limited period.”