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Experts point to problems with electronic handcuffs: "The right to life is important, but we need balance"

9 months ago the bracelet for insulators was considered an extreme proposition, and today the pilot is underway.

Legal experts warn against invasion of privacy and elections, which could become a tool of the government even the day after the crisis.

"The state acts as a security body, this is a worrying opening"

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• Insulation

• Corona virus

Daniel Dolev

Wednesday, February 24, 2021, 10:27 p.m.

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In the video: The Constitution Committee approved the renewal of the isolation in hotels by Tuesday (Photo: Knesset Channel)

Last April, during a discussion by the Foreign Affairs and Defense Committee regarding the police's authorization to use cellular locations to enforce the isolation obligation, MK Gadi Yabarkan (Likud) proposed replacing the sample location test with electronic handcuffs for insulators. But what was considered far-fetched nine months ago, today (Wednesday) became a pilot that was launched.

According to the conclusion reached by Health Minister Yuli Edelstein and Chairman of the Constitution Committee MK Yaakov Asher, the pilot will be offered to 100 people returning from abroad Choose between insulation in a Corona hotel and insulation in their home with electronic handcuffs.

Deputy Attorney General Raz Nazri believed that the pilot could be started even without changes in legislation.

In addition, the Ministry of Health announced that as early as next week, legislation will be promoted that will allow for the expansion of the pilot as well as the implementation of additional supervision alternatives that will eliminate the need for isolation hotels.

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"The element of choice moderates the violation of rights."

Illustration of the electronic restraint kit (Photo: official website, SuperCom)

Dr. Shinar (Photo: Official Website, IDC Herzliya)

Dr. Adam Shanar, an expert in constitutional law and human rights from the Interdisciplinary Center, believes that “there are some problems with the use of electronic handcuffs, but as always the question is what the alternatives are.

It should be remembered that electronic handcuffs are an alternative to mandatory insulation in a hotel.

And when you are in a hotel in a city that is not yours and can not leave, the violation of your freedom of movement and choice is much greater.

In addition, the element of choice - between handcuffs and a hotel - also mitigates the violation of rights.

"" I think it is legal to first ask whether the duty of isolation is constitutional, "adds Prof. Shinar." If the answer is yes, then it seems Less offensive.

After all, electronic restraint sounds awful, but we compare it to a situation where privacy and freedom of movement and freedom are violated anyway. "

As for whether the obligation to be in a hotel or electronic restraint is constitutional, he adds that there are other, less offensive alternatives. Who did not leave the house;

A second option is for people to post bail, and if they are found violating the isolation they will have to pay.

A third option could be supervision - surprise visits by the police who will come sometime during the isolation and check if a person is at home.

In each of the alternatives, the relationship between the harm to the rights and the benefit must be examined. "

His proposal became a pilot that was launched.

Will be in the plenum (Photo: Reuven Castro)

Another issue raised by Prof. Shinar is the fact that according to the publication, the person who will carry out the follow-up will be a private company.

"Privatization transfers the activity from an authority that believes in the public interest, to a private company - and that is very problematic," he says.

"This raises a number of questions such as who has access to the information, how it is stored by the private company, who is authorized to see it there and whether it is cross-referenced if other data such as telephone placements. The greater the violation of freedom of choice and freedom of movement. These are not a candle to his feet. "

That boy also warns of what will happen next.

"In general, I think we should be careful about normalizing new tools or expanding existing tools. For example, the GSS's, whose question now is who will stop the country from using them in the next crisis, even if it is a little less severe than the corona.

Once a certain tool enters our arsenal, it is very easy to use it next time. "

More on Walla!

NEWS

Choice between insulation and bracelet and demand for a deposit: This is what the electronic handcuff for returnees from abroad will look like

To the full article

"The state acts as a security body"

Adv. Naama Materso-Karpel, CEO of the "Israel Privacy" organization, which specializes in privacy and information security, has sharply criticized the intention to use electronic handcuffs.

"The state acts as a security body and not as a state trying to resolve a civilian crisis with civilian tools. I see a direct link between the use of the GSS at the beginning of the epidemic, and the use a year later of electronic restraint to enforce isolation.

Going to the most extreme means is actually house arrest. "

Regarding the fact that those returning from abroad will be given a choice between isolation in a hotel and electronic handcuffs, Advocate Materso-Karpel says that" it is clearly better than an overall obligation for anyone in isolation to have electronic handcuffs "It is impossible to ignore the possibility that they will later apply it to isolators who have not returned from abroad. This is a worrying opening. The state assumes that anyone who returns from abroad is a potential violator of the law."

Isolation is in any case a form of house arrest

"The question of whether it should be monitored in such an intense way," Matero-Karpel replies, "beyond the question of privacy, there is a question of public trust. Do citizens constantly become suspected of violating the law? It is true that the right to life is important, but a balance must be struck. I do not see how the right to privacy can be balanced in the form of electronic handcuffs that are used to monitor detainees. And do not lie. "

Materso-Karpel sees a direct link between enforcing isolation through electronic restraint and the bill passed earlier today, and will allow information to be passed on to local authorities about residents who have not been vaccinated.

"I think it's a continuation of that trend of deep intrusion into civilian privacy called the corona virus. There's some kind of hunger of the state to follow us and gather as much information about us as possible," she says.

"Continuation of the same trend of deep intrusion into privacy."

Dan Panorama for isolating Corona patients (Photo: Flash 90, Tomer Neuberg)

"Our main concern here is the misuse of the information, as it has a very high demand," she adds.

"Almost every body, organization, store or business wants to know if a person is immune or not. I intentionally use this term because immunization is not everything. There are those who have recovered, there are those who choose to be tested once a week (as a vaccine substitute), or "That they are prevented from getting vaccinated for one reason or another - and the law does not address these things. I now have to give an account to the municipality if I recovered from Corona or if I have been prevented from getting vaccinated? This is a precedent for collecting local medical information and violating medical confidentiality."

Finally, Materso-Karpel mentions that there are local authorities and workplaces that have taken initiatives to encourage vaccination - such as providing benefits or organized conversations with epidemiologists to those who fear the vaccine.

"It is much more convincing than instructing a person to get vaccinated because they see that he did not do it, which can also create great resistance. We call on the local authorities to continue the immunization efforts without using the personal information of the residents."

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