The following is a translation of a letter sent by ACRI to the Director General of the NII, on 2.10.05, regarding the institutes stated intention to privatize their telephone switchboard service. The privatization of this service entails granting a private entity access to a broad-based and sensitive NII database, thereby violating the public’s right to privacy in addition to other rights:
To:
Dr. Yigal Ben Shalom
Director General Designate of the National Insurance Institute
13 Weizman Avenue
Jerusalem
Israel
Re: The Privatization of the National Insurance Institute’s Sensitive Databanks.
1. According to information that has reached ACRI, the NII is currently involved in a hasty and covert action to privatize the NII’s telephone answering service.
2. The privatization of the service, if and when it is implemented, includes a decision to grant private entities access to the NII databank, which is one of the most comprehensive and sensitive information sources under state control, and which includes detailed information on all Israeli residents. The Israeli High Court previously determined in its deliberation on access to a less sensitive database, that providing private entities with access to public databases represents a serious violation of the legal right to privacy, and that it only be permissible in the event that the request complies with pre-defined conditions and circumstances (H.C.J. 8070/98 The Association for Civil Rights in Israel v. the Minister of the Interior).
3. The privatization of a public service entails both significant alterations to existing procedures, and the transfer of authority to private hands. Such action is liable to have significant implications on the fate of basic rights. Therefore, all decisions related to the privatization and the implementation thereof, must be taken publicly, and only after the relevant state authorities and general public have fully considered and discussed the potential implications to basic rights such as, the right to privacy, the right to dignity and autonomy, and the social rights of the institute’s employees and all individuals insured by it.
4. In light of the aforementioned, I urgently request that I be informed as to whether or not the NII intends to privatize this switchboard service, and enable a private body to access this sensitive and comprehensive database. Assuming that this is the intention of the NII, it is also extremely important that I be informed of the contractual and administrative procedures governing this changeover.
To conclude: The privatization of this service can only be carried out after an educated and professional public debate on the issue has been held, and in which the potential implications and impact on the right to privacy and other basic rights have been fully considered.
Yours respectfully,
Attorney Avner Pinchuk
last updated : 21/11/05
