We will also turn to Section 32 of the Protection of Privacy Law, 5741-1981, according to which: "Material obtained in violation of privacy shall be invalid to serve as evidence in court, without the consent of the victim, unless the court permits the use of the material for reasons that will be recorded, or if the offender was a party to the proceeding, protection or exemption under this law."
In weighing the data, having considered the manner in which the data was collected by Ituran, the fact that they were given to the investigating unit in accordance with a judicial decision, the fact that the vehicle was registered as an appeal was different from an insurance company, and that the only harm to the defendant was ostensibly rooted in tracing the movements of the Chevrolet vehicle near and after the murder, we are of the opinion that in this case there is no justification for disqualifying the data of Ituran that was transferred to the investigating unit, in view of the nature and severity of the offenses that were investigated.
As to the defense's arguments regarding the date of receipt of the data and the manner in which it was initially received, it was stated that the matter was covered under a certificate of privilege and we were not asked to remove the privilege, even though it was initially claimed that there was an intention to do so (see, inter alia, pp. 353, 354, 357). In any event, an application was submitted to the Acre Magistrate's Court as early as March 25, 2021 (P/449, even though it erroneously stated various offenses and an earlier date, and investigator Roy Weinberger referred to and explained that the mistake was made in good faith). The court's decision was given on the same day (P/449, p. 2). The next day, 26 March 2021, another application was filed with the Haifa Magistrate's Court (P/449A), for which a separate decision was issued. It should also be recalled that the Ituran data were accompanied by certificates regarding an institutional record (both of which were marked P/452, dated April 5, 2021 and April 14, 2021, although Leonardo Lanchevsky testified that he sent data and a certificate regarding an institutional record as early as April 1, 2021, p. 2656).