Serious Crimes Case (Tel Aviv) 14098-08-22 State of Israel v. Ashbir Tarkin - part 53

Moreover, I have paid attention to the violation of privacy that involves the intrusion of security cameras in the public space.  Indeed, citizens have a right to privacy in the public sphere as well, although it is more limited than in the private domain, and its scope is determined according to a reasonable expectation of privacy in the circumstances.  Security cameras in public spaces or outside homes can violate this right, especially if they create a sense of surveillance or document private matters, and a balance is required between the right to privacy and other interests such as security and protection of property.  The right to privacy and privacy is a basic constitutional right that is enshrined in the right In section 7 The Basic Law: Human Dignity and Liberty is also protected by the Protection of Privacy Law, 5741-1981.  The essence of this right is to enable the individual to have an "area of life" in which he determines his conduct without the involvement of society, and to control information about him.  It is intended to protect the privacy of the individual's life and the intimacy of his life, and expresses the right of a person to be "left alone." In the public sphere, the right to privacy includes the right to enjoy the "anonymity of the crowd" and the freedom to do whatever it wants, while a camera in the public sphere may limit the freedom of action of any citizen.  The case law held that the "individual authority" in the matter of The Protection of Privacy Law It is not a proprietary or physical concept, but rather an "autonomous unit" or "virtual space" that moves with the person, and its scope is derived from the need to protect the autonomy of the individual.  In order to decide the question of the nature of the space as private or public, a test of "reasonable expectation of privacy" must be adopted.  The placement of security cameras in the public space, even if they are street cameras and not private spaces, may raise concerns about the violation of the right to privacy.  Widespread use of cameras may constitute "spying or tracing a person, which may disturb him," as he defines it.  In section 2(1) to the Protection of Privacy Law.  These cameras create a general sense of surveillance, place residents as suspects and limit their freedom.  Therefore, explicit authorization is required in the law for the purpose of installing and operating them by public authorities, while examining the proportionality of the violation of privacy.  The right to privacy is not absolute and is a relative right, which can be limited by other fundamental principles or rights.  In the event of a conflict between the right to privacy and other rights or interests (such as the right to property, personal security, or public interest), the court is required to strike a balance.  The balance is made with the help of the protections listed in the Protection of Privacy Law, which represent a balance between the right to privacy and other important interests.