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Israel: Ministry launches consultation on draft privacy protection regulations on transfers from the EEA

The Ministry of Justice launched, on 29 November 2022, a public consultation on the Draft Privacy Protection Regulations (Instructions Regarding Information Transferred to Israel from the European Economic Area) and explanatory notes on the same. In particular, the regulations aim to establish instructions regarding information transferred to Israel from the EEA, with the exception of information directly transferred by a person about themselves, following the ongoing adequacy review process for Israel currently being conducted by the European Commission.

More specifically, the Ministry explained that the Commission's decision, in 2022, to grant Israel the status of a jurisdiction providing an adequate level of protection for personal data permits the transfer of personal information from the EEA to Israel without the need for additional regulatory obligations for the relevant parties. Accordingly, the regulations introduce the following four main obligations that will apply to database owners in Israel, in relation to information transferred to Israel from the EEA:

  • facilitating the right to delete information;
  • limiting the retention of information that is not necessary;
  • facilitating the right to information accuracy; and
  • facilitating the right to notify.

Furthermore, the regulations define certain categories of information as sensitive information, for the purposes of Section 7 of the Protection of Privacy Law, 5741-1981, which include information about a person's origin and membership in any worker's organisation.

To this end, the regulations would enter into force on two dates: three months from the date of their publication for information received in a database in Israel on or after this date; and one year from the date of publication for information received in a database in Israel before that date.

Comments may be submitted via the consultation page until 20 December 2022.

You can access the consultation page here, and download the regulations and explanatory notes here, all only available in Hebrew.