The Israeli parliament (the “Knesset”) has recently passed the Law for obtaining Biometric Identification Means from Foreigners, Production of Biometric Identification Data and a Database, 2024 (the “Law”), thus joining the US, the EU and other countries who have already adopted substantially similar measures. The Law will enter into force upon the earlier of the lapse of six months from its publication date (i.e., on January 28, 2025) or upon the promulgation of regulations under the Law.
The arrangements under the Law are based on existing arrangements under the Law on the Inclusion of Biometric Identification Means and Biometric Identification Data in Identification Documents and Database, 2009, which apply to Israeli residents registered in the population registry.
This Law allows the identification and verification of Foreigners (i.e. persons not registered in the Israeli population registry), by using Biometric Means (i.e., biometric identification means or data, where “Biometric” is a physiological, unique human characteristic, such as facial features and fingerprints, that can be measured by computerized systems).
Currently, the Population and Immigration Authority is in possession of a database of Foreigners’ biometric information. The Law allows for additional uses of such information by other governmental/municipal agencies and non-profit organizations including the Israeli Police, Security Authorities, hospitals, HMOs and others.
This Law determines that authorized civil servants (and other office holders designated by the Justice Minister) may, in the course of performing their duties, obtain from Foreigners (as a rule – subject to the Foreigner’s consent – yet the Law allows certain police officers or immigration executives to allow the collection of Biometric Means without consent, when there is a reasonable suspicion that the Foreigner in question is an illegal alien or a person whose entry to Israel has been denied, and after such Foreigner has been given the right to be heard with regard to such refusal) Biometric Means, produce biometric data and compare such data with the data stored in the Database (a biometric database which includes Biometric Means of Identification or Biometric Identification as defined in the Law), and to the information presented in a Foreigner’s travel documents.
The Law also allows Israeli officials and representatives to demand from visa applicants the provision of Biometric Means before their arrival to Israel (and to refuse entry to persons who refuse to provide Biometric Means).
A considerable portion of the Law is dedicated to the adequate protection of Biometric Data (among others – with regard to the period of retention, cyber security, limited use – e.g., for entry and exit control, criminal proceedings and national security purposes, and restrictions on transfer of such data).
We expect that the regulations to be promulgated under the Law will clarify and elaborate on the implementation of the Law.
As always, we will be glad to provide legal assistance and guidance regarding this matter, and all related legal aspects thereof, as may be required.
*The review was written by Adv. Amir Zolty, Partner and Head of Hi-Tech Practice, with the assistance of the intern Reut Akerman.