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Exceptional measures require consent

2020-03-15T23:37:27.884Z


Joy Rotman


Netanyahu's announcement of his intention to use the security surveillance measures to deal with the spread of the corona, removes sleep from the ultra-Orthodox eyes to their privacy and the eyes of the "big brother" who is watching over all citizens of the state.

On the other hand, avoiding using the most effective tools we have to reduce the spread of the epidemic is a first-class irresponsibility. In the harsh scenarios of the corona's spread, it could raise a bloody price to dwarf the number of terrorist and war killers in Israel. The State of Israel has given its security forces far-reaching powers and technological and intelligence capabilities virtually unmatched in the world to reduce Arab terrorism and to face the enemies of the people. In dealing with the Corona, a potentially fatal enemy, the State of Israel must show no less determination.

There is a tension between these two poles - saving lives and preventing human harm to the state and its economy and, on the other hand, the preservation of civil rights and most importantly the right to privacy.

In 1949, US Justice Jackson reprimanded his fellow judges and told them that if they did not merge legal purity with some practical wisdom, they would turn the Bill of Rights in the U.S. Constitution into a suicide register. This phrase has been translated into Hebrew by President Aharon Barak: "Human rights are not a prescription for national suicide."

Despite copyright in the translation, this principle sometimes seemed to have been forgotten and neglected by Barak, and so Justice Grunis mentioned in the first paragraph of his judgment on the Citizenship Law, whose disqualifications were dismissed by the High Court of Justice on the point of a voice. Hundreds of thousands of Palestinians actually realize the "right of return" by unifying families.

There is no doubt that in the case of adherence to the right to privacy will lead to a national suicide, we will relinquish with all the grief and pain of the right to privacy. Rights are designed to serve the lives of citizens, and not the other way around. But there is no need to choose; It is also possible. It is also possible to benefit from the existence of the state and the preservation of its citizens' lives, and also to minimize the violation of privacy. For this purpose, close scrutiny of the Knesset is required on the use of the strong tools of the security services. To do so, clarity is needed regarding the information collected, the length of time it will be maintained, the identity of the persons who are allowed to access it, and the security measures that prevent abuse.

The biggest enemies in times of crisis and epidemic are uncertainty, fear, distrust and fear. The same government hand that authorizes the use of the Orwellian Big Brother tool must allow the civilian oversight of the Knesset and the public over the use of these tools. For this, a national emergency government is needed, in which the large public representatives who did not give Benjamin Netanyahu and his government confidence will be on hand.

Collaboration will calm public concerns about abuse. To this end, a functioning Knesset is required with an active constitutional committee, in which representatives of the public, Knesset members and private experts of the NGOs will cooperate to reduce the violation of privacy.

Maturity and responsibility in an emergency can lead to the maximum protection of the citizens of Israel and the full confidence of the public in their need for steps and in preventing their abuse. Members of Knesset, elected officials, we are waiting for you.

Attorney Simcha Rothman is the legal counsel for the Movement for Governance and the author of the book "High Court Party"

For more views of Simcha Rothman

Source: israelhayom

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