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Labor Dispute (Tel Aviv) 28207-09-21 IT. Rehabilitation Ltd. – Avraham Matzliah - part 29

August 24, 2025
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In this context, it should be noted that section 18 of the Protection of Privacy Law establishes various possibilities and reasons in which the offender can defend himself in a trial, to the extent that he is able to prove one reason or another, therefore, it is not an absolute right.

An employee's right to privacy in his workplace was discussed at length in the matter of Labor Appeal (National)90/08 Tali Isakov Inbar - State of Israel - Commissioner of the Women's Employment Law et al.  [published in Nevo] (February 8, 2011 (hereinafter: the Isakov case) and it was held as follows:

"In light of the increased obligations that apply to the parties to the employment relationship, the labor law reaffirms the constitutional-objective value of the employee's privacy.  The need to protect the employee's right to privacy in the workplace, including his privacy in information in the context of the use of computers and communication and information technologies, stems mainly from the inherent power gaps in the relationship between the parties and the labor relationship; From the recognition of the reality that the employee is in the workplace for a significant part of the day, and sometimes even of the day; the mixing of fields and the increasingly blurred distinction between the employee's life at work and outside it; and the nature of employment relations based on mutual trust and the employee's performance within them (see: The Employment Practices Code, June 2005, part 3 monitoring at work, p.  54).  At the same time, it is necessary to protect the employee's privacy in the workplace, even as a barrier against infringement of the right to equality and protection against discrimination on improper grounds [...] In certain circumstances and subject to the needs of the employer, the employee's workplace and work environment may be considered his private space, protected by the constitutional-objective value of privacy."

It was also determined that the employer's managerial prerogative is subject to the requirement of proportionality, reasonableness, fairness and good faith.  When the employee's right to privacy in the workplace gives him control over the disclosure of information about him and the prevention of tracing.

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