Our Privacy is Absolute? Not During a Pandemic

By: Or Baran

We are in a war, and in order to fight our enemy, "The Covid-19 Virus", governments are using many tools and means that may violates are basic rights. We are dealing with one of the most contagious viruses the word has faced so far, and the social distancing as a "weapon" against it, seems to be necessary. Epidemiological investigations are one of our best tools stop the spread of the pandemic. Back tracking over the movement of a known carrier will allow us to pinpoint the areas where actions against the virus need to be taken.

Initially inundated with the virus, and unprepared to surgically track carriers, many countries were forced them to use legally questionable techniques to track and follow civilians. Israel was one of the first to use advanced digital monitoring tools, to track carriers of the coronavirus. These tools, based on cellphones data, are generally used by the secret service in counter terrorism operations may violate the right to privacy of the civilians.

Does this emergency justify the violation of the basic rights? Many will unequivocally answer Yes. It may not be so clear. Extensive violations of basic rights are permitted only after examination of what is stated in the law, and in particular the limitation clause in the "Human Dignity and Liberty" Basic Law. Throughout its history, the Supreme Court has upheld a violation of fundamental rights, in exceptional cases, when there was a balance between the necessity and the rights.

In this case, the main right we are trying to preserve is the right to life. The use of the "detection tool" will help the Israeli Ministry of Health monitor and isolate people who are carriers of the virus, and thus reduce the percentage of contagion in society. Keeping a low contagion rate, will help the overall fight against the virus. It will prevent the collapse of the health care system, expedite the return of the economy to a work routine, and will save lives.

With all of the above is at stake, the infringement of the right to privacy, seems to be necessary. And if the actions taken maintain their "proportionately" and "reasonably" characteristics, such as limitations of the use of the information collected, and its deletion at the end of use, then they should be allowed.

Ironically, the same people that are opposing these inroads into our privacy, readily pass this data over to Silicon Valley. Maybe we shouldn’t?