On September 1, 2024, following the tragic murder of six hostages, the Histadrut General Organization of Workers in Israel announced a general strike scheduled for the next day, September 2. In anticipation of this strike, the Human Capital Division of the Prime Minister's Office distributed an online form titled "Notice of Non-Participation in a Full Strike." This form, along with instructions urging workers to complete it to declare their non-participation, was widely disseminated through social networks and unofficial channels, applying undue psychological pressure on civil servants to respond quickly.
On September 4, 2024, ACRI, in collaboration with the Privacy Clinic at Tel Aviv University's Faculty of Law, sent legal correspondence to key figures including the Director General of the Prime Minister's Office, the Civil Service Commissioner, the Attorney General, and the Head of the Privacy Protection Authority. Attorneys Gil Gan-Mor, Noa Diamond, and Prof. Michael Birnhack demanded the immediate deletion of all data collected through this form and an end to its use. Their letter highlighted that while it is within the state's rights as an employer to determine which employees are participating in the strike to avoid wage deductions, the chosen method was highly inappropriate. It constituted a severe violation of privacy and created an intimidating atmosphere for those considering participation in the strike.
The correspondence detailed the proper procedures for reporting employee non-participation in a strike. According to established guidelines, notifications should be issued by the deputy director general of administration and human resources of the relevant government ministry or auxiliary unit, with requests being direct and personal to each employee. In stark contrast, the form was distributed via a public web link, which allowed for broad, unrestricted access and contributed to an environment of stress, panic, and confusion. Consequently, the form was filled out by individuals not employed by the Prime Minister’s Office, over whom the Human Capital Division had no jurisdiction.
ACRI and the Privacy Clinic argued that the method of distribution and data collection violated legal restrictions on handling sensitive personal information. They expressed concerns about the potential chilling effect on the right to strike, the risk of unauthorized access or manipulation of personal data, and the possibility of creating "blacklists" of employees based on their strike participation. The use of this form, with its inherent privacy risks and lack of secure handling, raised serious concerns about the protection of civil servants' personal information and the potential for misuse.
Association for Civil Rights in Israel (ACRI) and the Privacy Clinic's Legal Correspondence, September 4, 2024 (Hebrew)
Коментари