The Jerusalem Post

Shin Bet starts using surveillan­ce tools

Likud, Blue and White leaders battle over circumvent­ing Knesset

- • By YONAH JEREMY BOB and GIL HOFFMAN

The Shin Bet confirmed to The Jerusalem Post mid Tuesday afternoon that it had started surveillan­ce of citizens infected by the coronaviru­s. An hour earlier, a top legal official confirmed that the Shin Bet’s legal authority to do so was already in effect.

Speaking to a group of journalist­s, the official said that there was a full green-light and the only questions were about whether the Shin Bet had made its own final decision to start using the new surveillan­ce directive.

Shin Bet Director Nadav Argaman issued a statement Tuesday morning saying that his agency would soon start delivering informatio­n about citizens infected with the coronaviru­s to the Health Ministry.

This came after the government unanimousl­y passed the request by the Health Ministry to use digital counter-terrorism tools to track the movements of coronaviru­s patients.

The vote was held via conference call to adhere to the government‘s new guidelines forbidding more than 10 people to gather.

Argaman emphasized that the Shin Bet would not be involved in enforcemen­t of the quarantine rules, as this would still be done by the police.

Argaman also said that the Shin Bet would not hold on to any of the informatio­n it collects from the persons’ cellphones, about their locations or otherwise, after delivering the informatio­n to the Health Ministry.

The Shin Bet chief clarified that his agency had been asked to perform these functions, but would not want to perform them any longer than medically necessary.

Argaman said there were limits on using surveillan­ce technology, but like other officials, he did not specify the limits.

Prime Minister Benjamin Netanyahu released a statement defending his government’s decision to authorize the surveillan­ce measures.

Netanyahu reacted to Blue and White leaders Benny Gantz and Gabi Ashkenazi calling the overnight decision “surrenderi­ng transparen­cy” and “political thievery.”

“Because the pandemic is spreading at an incredibly fast pace, postponing using these tools by even an hour could cause the deaths of a very large amount of Israelis,” Netanyahu said, referencin­g Italy and other countries.

Netanyahu added that it could have taken the Foreign

Affairs and Defense Committee days to deal with the issue. He said the attorney-general and Health Ministry drafted the decision and it will be in effect for 14 days, instead of the original 30 days, during which the committee could make recommenda­tions about how to change it.

Gantz said that these are exceptiona­l times that, unfortunat­ely, call for exceptiona­l measures in order to save lives. But he said the cabinet decision went too far.

“We cannot surrender transparen­cy and oversight,” Gantz said. “Blue and White will insist that the Foreign Affairs and Defense Committee, along with a special Coronaviru­s sub-committee, the Finance Committee and other sub-committees be enlisted immediatel­y to oversee the process and approve the type of oversight regulation so critical at this juncture.”

He said the Foreign Affairs and Defense committee must further be privy to informatio­n on tracking measures approved thus far.

“A functional parliament, even and especially in states of emergency, is a hallmark of democracy and we will be steadfast in preserving it,” he wrote.

Also on Tuesday, Attorney General Avichai Mandelblit issued a statement that he

green-lighted the government’s decision to let the Shin Bet move forward with their plans without Knesset approval. The situation, he explained, had become so acute that the country could no longer wait for parliament­ary approval.

His announceme­nt comes after Netanyahu appeared to break a promise of his and of Mandelblit’s that the Shin Bet surveillan­ce of citizens would only start after Ashkenazi’s Intelligen­ce Subcommitt­ee of the Foreign Affairs and Defense Committee approved it.

Ashkenazi’s committee debated the issue for the first time on Monday, but demanded more time to analyze it, remarking that they would not be a rubber stamp.

Deputy Attorney-General Raz Nizri implied to a conference call of reporters that state lawyers had been surprised the Knesset did not quickly approve the Shin Bet surveillan­ce plan.

Ashkenazi expressed outrage at the overnight cabinet decision, calling it “political thievery.”

“It is improper that this way of using such means is authorized, without parliament­ary and public oversight,” Ashkenazi added.

Ashkenazi also called for the immediate formation of the Knesset Foreign Affairs and Defense Committee in order to meet on the matter and ensure proper oversight as required by law.

Labor-Meretz MK Merav Michaeli used even harsher language in criticizin­g the decision, which she said was made to serve Netanyahu and not to serve the struggle against the coronaviru­s.

“The citizens of Israel are not terrorists,” she said. “There is no justificat­ion for such extreme and dangerous steps.”

Late Tuesday night, the High Court of Justice rejected a request to freeze the Shin Bet’s surveillan­ce of citizens infected with the coronaviru­s, but agreed to hold a hearing on the issue on Thursday.

Justice Noam Sohlberg ordered the state to respond to the petition to compel binding oversight of the Shin Bet involvemen­t by the Knesset.

Lawyer Shahar Ben Meir, in conjunctio­n with the Movement for Digital Rights, filed the petition earlier Tuesday demanding that the court freeze Shin Bet surveillan­ce until the Knesset signs off.

The petitioner­s also said that the basis for any Shin Bet involvemen­t should be the Shin Bet Law, which includes significan­t civil liberties protection­s, and not an emergency order, which contains fewer protection­s.

Also on Tuesday night, the state filed a response to the High Court defending Acting Justice Minister Amir Ohana’s decision of placing the courts in a state of emergency, including the highly controvers­ial result of postponing Netanyahu’s trial to May 24.

Previously, the Movement for the Quality of Government in Israel petitioned to revoke the state of emergency on the courts, calling it an unconstitu­tional power grab by Ohana to help Netanyahu escape justice on the back of the coronaviru­s crisis.

The movement said the postponeme­nt could severely harm the public’s faith in the rule of law.

The state’s response did not even mention Netanyahu’s trial and focused on the idea that the emergency order was coordinate­d with the courts.

A statement issued by the courts on Sunday appeared to support Ohana despite heavy criticism from center-left political parties as well as many former senior legal officials and academics. •

[use] video for remote worker collaborat­ion.” •

 ?? (Ammar Awad/Reuters) ?? JERUSALEM’S MALHA MALL parking lot sits empty yesterday.
(Ammar Awad/Reuters) JERUSALEM’S MALHA MALL parking lot sits empty yesterday.

Newspapers in English

Newspapers from Israel