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Serious Crimes Case (Tel Aviv) 14098-08-22 State of Israel v. Ashbir Tarkin - part 38

September 9, 2025
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Therefore, The production of content from the cameras, in our case, constitutes "penetration of computer material".

  1. ""Seizure" of security cameras refers to the physical taking of the cameras themselves or the recording devices (DVR) theirs. This action is considered to seize an object.  In contrast, "security camera intrusion" refers to access to the content recorded on the cameras, i.e., the production of videos and images from them.  Security cameras therefore constitute "computer material", and the production of content from them is considered "penetration of computer material".

Section 32(a) of the Criminal Procedure Ordinance (Arrest and Search) [New Version], 5729-1969 (hereinafter: "Judgment"), whose title is: "Authority to seize objects", states as follows:

"A police officer may seize an object if he has a reasonable basis to assume that an offense has been committed with that object, or is about to be committed, or that it may serve as evidence in a legal proceeding for an offense or given as a reward for committing an offense or as a means of committing it."

This section therefore permits a police officer to seize an object if he has reasonable grounds to assume that the object has been committed, or is about to be transgressed, or that it may serve as evidence in a legal proceeding due to an offense.  This seizure can also be carried out without a judicial order, although in cases where there is no urgency, the seizure should be based on a judge's order.

  1. The legislative basis for penetration of computer material, including security cameras, is divided into two main aspects: the criminal prohibition on unlawful penetration, which is enshrined in In Sections 4 and5 of the Computers Law, and the legal authority for authorized penetration, which is enshrined in In section 23A To the PDP, which is titled: "Penetration of computer material", and states as follows:

")a)    Penetration into computer material as well as the production of output while penetrating as aforesaid, shall be considered as a search and shall be carried out by an officer who is skilled in performing such actions; For this purpose, 'penetration into computer material' - as defined in section 4 of theThe Computers Law, 1995.

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