4/17/2023 0 Comments Syte visual conception ltd![]() At present, the directives permit the primary use of personal medical data (for treatment of the data subject), and can also collate and analyse this data for secondary uses for the public good, but only if it is anonymised and with express consent. ![]() The Israeli government has been promoting digital health initiatives, through the use of de-identified and anonymised data arising not out of any clear legislation, but through a directive by the Ministry of Health. ![]() The push towards the use of AI systems in healthcare has been supported by the fact that Israel has legal requirements to provide inclusive health insurance to its entire population, thereby creating one of the most comprehensive personal health databases at the national level in any country. While Israel does not appear to have published any policy positions on the protection of the right to privacy in the face of fast paced developments in AI, recent reports have indicated that it is willing to push the use of AI systems in defence to identify and control the spread of COVID-19. The definitions of 'data' and 'database' given in the PPL indicate that the database provisions apply only to databases containing information about natural persons. The PPR does not use the term 'data subject' or ‘data principle’ as in other jurisdictions to indicate the person whose data is being used. ![]() The scheme of the PPR is such that the data controller is required to grant permissions and authorizations for the grant of access to the data user. While the consent provisions are given by the PPL, the PPR provides safeguards for the protection of data by fixing responsibilities and duties on the data controller. Apart from this section 23B of PPL prohibits the imparting of information by a public body unless it has been published by lawful authority, or the person to whom it relates has consented to its being imparted. It must also include the purpose for which the information is requested, to whom the information must be delivered and for what purpose. Section 11 of the PPL provides that for the entry and usage of the data in the ‘database’, the person to whom the information relates, must be furnished with a notice that clearly states whether that person is under a legal duty to deliver that information or whether its delivery depends on his volition and consent. Similar to other countries, the Basic Law and the PPL together focus on transparency, the lawful basis for processing data, limiting data use, minimizing data, and individual rights. While the Basic Law: Human Dignity and Liberty sets out the fundamental right to privacy, data security and privacy in Israel is governed by the Protection of Privacy Law of 1981 (PPL) supplemented by the Protection of Privacy Regulation (Data Security), 2017 (PPR). In January 2020, while speaking in a public address, the Director-General of INCD stated that ‘artificial intelligence is the new battlefield that will accompany us in the near future’, it was reported that he also said that the immediate challenge in front of us is the AI versus adversarial AI. Along with the warning, INCD also issues suggestion for taking precautions against such attacks such as – proper training of employees, verifying instructions, using means to prevent misuse of email and carefully observing deviations in the organisation processes. In July 2019, the Israel National Cyber Directorate (INCD) issued a warning about a cyberattack that can impersonate the high-level functionaries of the companies and commit fraud. Moreover, subsequently, the report also mentions that such threats open opportunities for Israel to gain prominence in different markets. While the mention is merely limited to the acknowledgement of cybersecurity threats, it reflects that Israeli authorities are not unaware of the associated threats. The issue of cybersecurity because of a surge in the usage of AI systems finds its mention in the 2017 report published by the Israel Innovation Authority.
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