Tracking and Tracing in Israel during COVID-19 Balancing between the Need to Protect Public Health and Individual Right to Privacy

Cohen-Almagor, Raphael; Haber, Eldar

Abstract

In March 2020, the Israeli government decided that its internal security agency may collect, process, and use technological information measures to tackle the spread of COVID-19. This was done by tracking the cellphones of those who may have contracted the virus, along with obtaining details on those who were in proximity for more than fifteen minutes and fourteen days prior to the positive outcome of those traced. The article discusses the controversial track and trace measure and proposes an alternative model of using tracing technology, considering the obligation to preserve human life and the right to individual privacy among other rights and liberties. It is argued that measures infringing on the right to privacy must be effectively restricted in time and meet standards of necessity, proportionality, and scientific validity, as required by constitutional standards. The government needs to balance the right to health against the right to privacy.

Citation

Cohen-Almagor, R., & Haber, E. (2023). Tracking and Tracing in Israel during COVID-19 Balancing between the Need to Protect Public Health and Individual Right to Privacy. Israel Studies Review, 38(3), 29-50. https://doi.org/10.3167/isr.2023.380304

• Journal Article Type: Article
• Acceptance Date: Jan 17, 2023
• Online Publication Date: Dec 1, 2023
• Publication Date: Dec 1, 2023
• Deposit Date: Jan 8, 2024
• Publicly Available Date: Jun 2, 2025
• Journal: Israel Studies Review
• Print ISSN: 2159-0370
• Publisher: Berghahn Journals
• Peer Reviewed: Peer Reviewed
• Volume: 38
• Issue: 3
• Article Number: 2
• Pages: 29-50
• DOI: https://doi.org/10.3167/isr.2023.380304
• Keywords: Balancing; COVID-19; Health; Israel; Privacy; SHABAC; Track and Trace; Vaccination
• Public URL: https://hull-repository.worktribe.com/output/4507941