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The motive for forgetting: the dilemma behind the exciting affair - Walla! Business

2021-01-27T13:37:37.210Z

When the identity of the man who murdered his family as a teenager was revealed, he was immediately fired from his senior position, an act ostensibly contrary to the right to be forgotten and the soon-to-be-entered criminal registry law. Attorneys Matan Stamry and Eyal Birnberg are discussing the conflict



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The motive for forgetting: the dilemma behind the exciting affair

When the identity of the man who murdered his family as a teenager was revealed, he was immediately fired from his senior position, an act ostensibly contrary to the right to be forgotten and the soon-to-be-entered criminal registry law.

Attorneys Matan Stamry and Eyal Birnberg are discussing the conflict

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  • The motive

Adv. Matan Stamri and Adv. Eyal Birnberg

Wednesday, 27 January 2021, 15:19

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"Motive" Trailer (yes docu)

"The Motive", the Israeli docu-series, returned to the headlines a shocking 35-year-old affair.

The protagonist of the affair, then a 14-year-old boy, killed his parents and two sisters during a rainy night.

To this day, the motive for the horrific act has not been determined and remains a mystery.

The court issued a restraining order on the boy's identifying details based on the Youth (Care and Supervision) Law, 1960. Accordingly, to date, the boy's identity has not been officially revealed.



Following the return of the affair to the headlines, rumors began to circulate on social media the identity of the boy. these included information on marital status and his senior position in a large company, as stated sheltering under a gag order. within a few days of advertising on social networks appeared that the work of the same person as an officer of the company was completed and that the parties have completed their agreement in agreement.



case This raises a variety of legal and social questions about a person's right to put his criminal past behind him, rehabilitate and return to the beneficiary, and the right of the society around him to know about his actions - is it more than three decades since the actions were committed? This is when, until now, apart from his defense counsel and his partner, his immediate environment did not know his criminal past, nor did the work environment and his employer know about his past, which includes serving a prison sentence.



Is it appropriate that the disclosure affects his status in the workplace, His promotion?

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The motive (Photo: Uri Dvir, courtesy of Yes Doku) (Photo: PR, Uri Dvir, courtesy of yes Doku)

Attorney Matan Stamry

Adv. Eyal Birnberg

An interesting coincidence, the Criminal Information Law and the Return Regulation, 2019, will come into force in the near future. The new law prohibits, among other things, employers from requiring job applicants or employees to provide information about their criminal past. The innovation in the new law is Formal documents showing the criminal background of the candidate or employee were requested, now it is also forbidden to ask for a statement or ask questions in this regard, thus ending the practice of requiring information on the criminal history of employees or job applicants by way of a statement - a practice made possible after The Supreme Court ruling from 2013, in the Dayan v. Mifal Hapayis case, set criteria that allowed such a statement to be required.



A study of the explanatory memorandum to the law shows that the legislature seeks to create a new balance between conflicting rights and interests: on the one hand. society, and as a "forgotten" in terms of criminal past to fulfill constitutional rights such as privacy and occupation. on the other hand, stands in right of employers, workers and others to maintain a safe working environment, to protect themselves and their property, by preventing risks in the workplace and to third parties.



this , The new law gives priority

To the rights of the job applicant or employee, while excluding certain professions, such as people employed in an environment where minors are.

However, as the present case proves, it is doubtful whether in the age of social networks a person can be completely forgotten.

Even if possible, we are left with legal, social and moral questions, some of which are in dispute between us.

Thus, for example, is it right to apply the same rule to minor offenses and serious offenses?

Is there room to distinguish between offenses of bodily and mental injury and offenses of injury to property?

Is it right to set other criteria or additional exceptions that will lead to a bias in the balance point chosen by the legislature and give appropriate weight to various parameters such as the nature of the job and areas of occupation, and potential implications for third parties?

For now, it is speculated that the last word has not been said on this matter.



Adv. Matan Stamri and Adv. Eyal Birnberg, Attorneys at the Department of Labor Law, Ardenest Law Office, Ben Natan, Tolidano & Co.

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Source: walla

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