Dear clients and colleagues, 

We would like to inform you that on May 2, 2022, the Protection of Privacy Authority (the “PPA“) published a draft for the public’s comments regarding “the duty to notify of collection and use of personal data” (the “Draft“).

The Draft outlines the PPA’s interpretation of Section 11 to the Protection of Privacy Law, 5741-1981 (the “Law“) and clarifies that the notification duty set out under Section 11 to the Law applies wherever the collection of personal data about a person was based on approaching him, whether the collection was made on the basis of consent of the data subject or on the basis of an authority granted under law.

In accordance with Section 11 to the Law, the party requesting to collect personal data must specify, in a clear, simple and accessible language (e.g. modified to the age of the data subject) what data will be collected, to whom the data may be transferred and for what purpose and whether there is any legal obligation to disclose the data. In this regard, the PPA recommends that the notification will include details with respect to data retention and data subject’s rights. The PPA further states that insofar as the data collected is particularly sensitive, if there is a concern that the consent of the data subject is limited or if the harm to privacy may be significant, it is recommended that the notification will be broader than as required under Section 11 to the Law and include additional details with respect to the collection of the data and the purposes of use of the data.

The PPA further notes that when the data is collected and processed through automated systems, it should be ensured that all the required details have been disclosed to the data subject in accordance with the provisions of the Law, including how the systems are operated as far as this is relevant to the formation of the consent and it is also recommended to specify the data types that may be used by such systems and their source.

The PPA clarifies that the collection of data from a person and its use without sufficient notification to the data subject may impair the validity of the informed consent and may constitute a violation of the provisions of the Law.

For the full draft ( in Hebrew) >> click here

Kind Regards,
Herzog Fox and Neeman

Ohad Elkeslassy | Partner
Tel: 03-6922817
elkeslassyo@herzoglaw.co.il

Nurit Dagan | Partner
Tel: 03-6922817
dagan@herzoglaw.co.il