A candidate in the elections for a workers' committee contended irregularities in the election. He demanded to receive full footage produced by the security cameras watching the entrances to the voting area in addition to those videos that were given to him and were edited to prevent the identification of those present.
The Court granted the motion and held that the footage will be furnished with identifying details blurred. The right to receive information from a public authority is enshrined in the Israeli Freedom of Information Law, with the starting point being that public information is information that the public has the right to receive, and fulfills the freedom of expression and the right to know, for the purpose of public criticism of the government and strengthening public trust. However, a public authority will not provide information "the disclosure of which would constitute a violation of privacy." The right to privacy is a protection of the autonomy of the individual and his ability to manage its life without unwanted exposure, which also includes photography in the public space. The right to privacy does not "disappear" completely in the public sphere, but is examined relatively, when there are clearly private places, and completely open public spaces, where the expectation of privacy is weakened. The point of balance between the two rights and the public and private interest must be examined. Here, there is no dispute about the existence of a significant public interest in disclosing information regarding the possibility that there were irregularities in the election process. However, there is material weight to the potential violation of the privacy of dozens (at least) of people who are filmed in the full footage, including municipal employees and citizens who visited the place throughout the elections day. Indeed, the expectation of privacy in a public space is reduced, but the secrecy of the vote is one of the principles of the democratic system. Therefore, it additional footage segments will be provided to the candidate in which the identifying details of those present at the place will be blurred, provided that footagewill not be published in any media and will not be transferred to a third party, in order to preserve the privacy of those filmed.