"[...] Recognition of privacy is the recognition of a person as an autonomous individual who is entitled to distinction vis-à-vis others. It is this uniqueness that enables a person to entrench himself in his personality as having meaning worthy of respect. A person's privacy is his dignity as well as his property. This is the framework through which he may, if he chooses to do so, develop his self and determine the degree of involvement of society in his private behavior and actions. This is his property, personal and emotional "fortress." This right constitutes one of the basic rights of man in Israel. It is one of the freedoms that shape the character of the regime in Israel as a democratic regime, and it is one of the overarching rights that establish the dignity and freedom to which a person is entitled as a human being, as a value in itself..."
00 (Criminal Appeal 5026/97 Gilam v. State of Israel, para. 9 (Nevo, June 13,1999) (hereinafter - the Gilam case); and see also: Dan Chai, The Protection of Privacy in Israel, p. 39 (5766-2006) (hereinafter - the Protection of Privacy in Israel))
0
- I got the impression that the defendants' actions caused a severe violation of Naveh's privacy.
The vulnerability began with the illegal taking and hacking of Naveh's mobile phones, which were password-protected. Thus, Shteif, who was well aware that Chani was in possession of Naveh's mobile phones and wanted to "open" them and extract information from them, initiated a meeting between her and Yuli at the Mandarin Café. During the meeting, Shteif actively mediated between Yuli and Hani in order to get the mobile devices transferred to him in order to hack them. Shteif invited Yuli to join the table where she sat with Chani and shared with him about Chani's desire to hack the devices, an act that directly set in motion the chain of unauthorized hacking.
- The dwelling place of the abuse is intrusive scrutiny and scrutiny of the personal contents, as well as their transmission to others. Thus, After the phones were hacked, Yuli arranged the materials produced from them by folders and names, presented the materials on a television in his living room, and went through them "for about two hours" with Steif. This meeting, which included a thorough examination of Naveh's private and intimate materials, also constitutes an explicit and conscious confirmation by Steif of the improper way in which the information was produced from the telephones.
She then printed the materials, sorting the documents into two binders and a plastic bag.