Following the storm of a bill to pass information on the unvaccinated, experts disagree • Former Minister Haim Ramon: "I would state that those who have not been vaccinated will not be able to walk around in a public place"
After the Knesset Health Committee approved on Tuesday (Tuesday) for a second and third reading the bill that allows the Ministry of Health to pass on to local authorities and officials in the Ministry of Welfare operating treatment institutions information about those who have not been vaccinated to local authorities,
The Knesset debate on the law for the transfer of information on vaccinators, Tuesday // The Knesset Channel
According to the proposed arrangement as a temporary order for three months, the information will be transmitted in order to allow bodies to encourage people to get vaccinated, among other things through personal contact, clarification of the reasons for non-vaccination and assistance in accessing the information and the vaccine itself.
Under the new law, HMOs and the state can pass on the details of the non-vaccinated to the local authorities.
Following the approval of the proposal, a storm arose following a mistake in violating the rights of the individual.
"Beautification for her name"
Haim Ramon, the former Minister of Health and the Interior, believes that the details constitute a proportionate and minor injury in relation to the damage that a person can cause by infecting others.
"We need to understand that there is an epidemic. For a whole year now, there has been a dangerous factor that, in order to deal with it, has violated the rights of all of us in a much more serious way than transferring our details to local authorities," Ramon told Israel Today.
"After all, people were prevented from going abroad even to visit their children, people were denied the right to move in the country, people were forced into isolation - all because it was critical to eradicate the plague.
This is beautification for her name.
"If it were up to me, I would state that just as smoking is not allowed in a public place, so is a person who has not been vaccinated to walk around in a public place because he endangers others."
"I would not want an unvaccinated teacher or teacher to learn, it is critical because they infect children and parents, it has happened countless times in the last year," Ramon added.
The former minister further said that if he was a business owner or head of a local authority, he would not want one of his employees to endanger the public with whom he works: “I would take all these employees out to the Knesset.
What are you already doing, handing over an ID number to convince?
Do not force or punish, just try to convince - after all, whoever chooses not to get vaccinated can stay at home.
Just making noise. "
Former Supreme Court Justice and former President of the Press Council, Justice Dalia Dorner, said in response to a question from Israel Today that "everything requires data, the violation of the right must be balanced against the public interest. The greater the danger to life and the less harmful and less harmful means." In a chosen measure and less harm to its severity than the benefit of protecting the public interest, the harm will be considered proportionate. "
"The High Court will invalidate the law"
Barak Medina, a professor of law at the Hebrew University of Jerusalem and a member of the board of the Association for Civil Rights, believes that the law is too harsh and that it will be rejected in the High Court, or that it will at least require various amendments. "The current law is too comprehensive and highly questionable. "It is not clear in the law what actions can be taken with the information transmitted to the local authorities, what the limitations of the power are and what is allowed to be done and what is not," he told Israel Today.
"The same rule for all these private initiatives of workplaces or malls to introduce only vaccinators, or the whole issue around the process of vaccination of teachers and whether it is permissible to prevent work from those who have not been vaccinated. All these issues should be regulated by clear rules balancing the state's need to vaccinate the public." I am in favor of immunization, I think people should be vaccinated, but in this context the rules, the ways and the boundaries should be set, and not something general should be squeaked that will make every person and every authority act as he sees fit, it is disproportionate and needs to be corrected. "Electronic, because a person has a choice between a hotel and a handcuff, here the issue has been left to the person to choose and therefore this is a point that is proportionate and worthy."
"Despite invasion of privacy, this is a balanced law"
Professor Aviad HaCohen, president of the Shaarei Mada VeMishpat Academic Center and an expert in constitutional law, believes that the bill will not be rejected by the High Court, even though it causes a serious violation of the right to privacy. "We have known for a long time that 'Big Brother' sees and knows everything.
In the modern age, the right to privacy has largely become a 'dead letter', with dozens of entities, including non-governmental entities with economic interests, such as Facebook, cellular companies and industrial and security 'spy' companies, able to track us, know where we are and who we are. Have fun, not to mention the content that is on our mobile device. "
"The new bill is another hammer raised on the right to privacy. However, like all other rights, the right to privacy is not absolute and is faced with other, no less important rights, such as the right to life and the protection of public peace and security," Hacohen added.
He states that according to the Basic Law: Human Dignity and Liberty, which established the right to privacy as a basic right, it can only be violated if it is done by virtue of a main law, such as the current law, "for a proper purpose befitting the values of Israel as a Jewish and democratic state." For what is required. "
"The information will be centralized in the Ministry of Health, but will not automatically and sweepingly pass to local authorities or the Ministry of Education, unless after consideration of the need for information. In addition, due to its violation of individual privacy, the law is set only as a 'temporary order'. It is still needed, "he added.
"The law also speaks of 'encouraging non-vaccinated people to get vaccinated, but does not allow coercion to vaccinate or infringe on the employment rights of those non-vaccinated.' Despite its severe invasion of privacy, it is a balanced law that I believe will also stand up to judicial review."
"A legitimate and worthy decision"
"According to the table of rights set forth in the law, the number one right is the right to life," said attorney Yoram Sheftel.
"Therefore, giving the PA a list of those who have not been vaccinated is a legitimate and proper decision, especially if these are the names of those who do not get vaccinated intentionally and do not mind hanging out in public and infecting others, it is mandatory to provide their details so the PA can convince them to get vaccinated."
"There is no violation of any legal right here, after all, personal medical information is not transmitted about privacy problems or difficulties, but information about a certain person may be an epidemic distributor," Sheftel added. "If it was up to me, I would not allow people to be hospitalized who refused to be vaccinated and fell ill. They seize beds of people who were vaccinated or could not be vaccinated. By what right does such a person burden the public with the huge medical expenses of treating him after his irresponsibility?"