First Petition
On January 28, 2021, the Association for Civil Rights in Israel (ACRI) and Privacy Israel filed a petition with the High Court of Justice challenging the police's use of the "Hawk's Eye" surveillance system. This automated system tracks and records the movements of vehicles on Israel's roads by capturing license plate information and photographing passengers. The system creates a vast database of video and still images of vehicles and their occupants, enabling the police to monitor and analyze citizens' movements extensively.
The petitioners argue that the "Hawk's Eye" system represents an invasive surveillance mechanism that grants the police access to sensitive private information, including real-time location data and historical movements of individuals. They contend that this practice, conducted without proper legal regulation, judicial oversight, or legislative authorization, infringes upon constitutional rights to privacy and liberty. They further assert that even with legal authorization, the system's impact on individual rights would fail the constitutional test of proportionality and should not be allowed in a democratic society.
During a court hearing on May 27, 2021, the High Court of Justice directed the state to draft a law regulating the "Hawk's Eye" system and publish it for public comment within 45 days. The court emphasized that the system's operation violates privacy and cannot rely on the police's general powers. Despite earlier instructions to develop authorizing legislation, no progress had been made by that time.
The petition was ultimately dismissed on March 6, 2024, after the Knesset passed an amendment to the Police Ordinance that formally authorized the use of surveillance systems like "Hawk's Eye" for identifying and analyzing objects, such as license plates.
Second Petition
Following the initial petition, the Knesset enacted an amendment to the Police Ordinance to regulate the "Hawk's Eye" system. According to the Association for Civil Rights in Israel (ACRI), this new law is unconstitutional and imposes severe, disproportionate infringements on human rights. As a result, ACRI filed a new petition with the High Court of Justice on August 20, 2024, seeking to have the law annulled.
The petition details how the system egregiously violates the privacy rights of innocent citizens who are not suspected of any wrongdoing. It establishes a precedent-setting, extensive database of all vehicle movements, which is stored for future use and enables continuous monitoring of specific vehicles in real time. The law lacks clear restrictions on the number and types of police cameras that can be deployed, permits the storage of camera data for up to two years, and allows any police officer to access this information without a judicial order or external oversight. Additionally, the police have not disclosed the procedures for using the system.
The petition argues that these provisions result in a profound invasion of privacy and liberty, creating a chilling effect on other rights such as freedom of expression and assembly, as citizens are aware they may be under constant surveillance. The technology effectively grants the police a level of power akin to that of the Shin Bet, enabling them to gather extensive personal data on citizens, including their locations, connections, and activity patterns, effectively turning Israel into a surveillance state.
The petition also includes a request for an interim injunction to suspend the system's use, citing the lack of essential regulations needed for the law's implementation, which were not enacted within the required six-month period.
HCJ 641/21 Association for Civil Rights in Israel v. Israel Police
Attorney: Anne Suciu, Avner Pinchuk
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