2004 freedominfo.org Global Survey Results - Israel
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

The Supreme Court ruled in the 1990 Shalit case that citizens have a fundamental right to obtain information from the government. (1)

The Freedom of Information Law was unanimously approved by the Knesset in May 1998 and went into effect in May 1999. (2) The law was the culmination of a campaign launched in 1992 by the Coalition for Freedom of Information. The law allows any citizen or resident access to information held by public authorities including government ministries, Parliament, courts, local councils, government-owned corporations and other bodies doing public business. It can also be used by non-citizens and non-residents relating to their rights in Israel. The information can be in any form, including written, recorded, filmed, photographed or digitized. Requests for information must be processed within 30 days and departments have 15 days after processing to provide the information.

The security services and other bodies that handle intelligence matters, national security and foreign policy are excluded from coverage under the Act. There are mandatory exemptions for information that would harm national security, foreign affairs of the safety of an individual, or that the Minister of Defense has declared to be necessary for protecting national security; personal privacy, or is protected by another law. There are discretionary exemptions for information that may interfere with the functioning of a public authority; policies under development; negotiations with external bodies of individuals; internal deliberations; internal agency management; trade or professional secrets (except for some environmental information); privileged information; law enforcement customs and procedures; disciplinary affairs of public employees; and would damage the privacy of a dead person. The public authority must consider the public interest in releasing the information.

Those denied information may appeal to the courts, which can review all information that is withheld and order the release of information if it finds that the public interest in disclosure is greater than the reason for withholding and the disclosure if not prohibited by another law. There have been a number of court cases where the courts have ordered release of information. Environmental NGOs are regularly using the Act. (3)

The government must publish a list of public authorities and the public authorities must publish regulations, guidelines and information detailing how to use the FOIL. The authorities must also publish an annual report on their structure and activities and appoint an official responsible for the act. Under e-government efforts, government departments are required to publish information on their web sites including reports. (4)

Under the Protection of Privacy Law, individuals have a right to access their personal information held in databanks by government or private entities. (5) It is enforced by the Registrar of Databases within the Ministry of Justice.

The Archive Law 1955 and regulations set a 30 year rule for access to documents submitted to the National Archives and 50 year rule for military documents. (6) However, many government departments have created their own archives which are not subject to the law. (7)

Chapter 76 of the Penal Code sets rules on classification of information and prohibits government employees from disclosing information.

Notes

1. H.C. 1601-4/90 Shalit et al. v. Peres el at., 44(3) P.D. 353. See Debbie L. Rabina, Access to government information in Israel: stages in the continuing development of a national information policy, http://www.ifla.org/IV/ifla66/papers/018-160e.htm

2. Freedom of Information Law 5758-1998. http://police.gov.il/english/Information_Services/Law/xx_5759_1998.asp

3. See eg. Israel Union For Environmental Defense, July 2002 High Court petition: The public's right-to-know. http://www.iued.org.il/inerAct.asp?A=LA&ID=105&P=p2

4. Israel Government Gateway. http://www.gov.il/FirstGov/english. See Israel: Round Table Report, ICA 36th Conference, October 2002.

5. The Protection of Privacy Law 5741-1981, 1011 Laws of the State of Israel 128.

6. Archives Law, 4715-1955.

7. Deborah Rabina, Examination of and Recommendations for a national information policy for Israel: the Use of Democratic Models for the Understanding of Information Policy Processes (Phd Thesis, 2001).