PM mulls revising law that allows secret recordings

Under current law, individuals can record conversations in which they participate without notifying the other parties • PM Netanyahu says this should be avoided under right to privacy • Change in law could affect cases of harassment or corruption.

צילום: Reuters // Prime Minister Benjamin Netanyahu

Prime Minister Benjamin Netanyahu is considering introducing a legislative amendment that would prevent people from secretly recording conversations or filming meetings without the consent of the other parties involved, Channel 10 reported Wednesday.

Israel's current one-party consent law allows individuals to record conversations or meetings in which they participate without notifying the other parties involved. Third-party wiretaps are illegal unless they are court-ordered.

In a meeting on police work held at the Prime Minister's Office with Public Security Minister Gilad Erdan and Police Commissioner Roni Alsheikh this week, Netanyahu remarked that under the right to privacy, a situation in which a person is recorded without their knowledge or consent should be prevented.

Netanyahu noted that two-party consent laws are on the books in many states in the U.S. and that there is room to consider amending the Israeli law accordingly.

Alsheikh said secret recordings are an important tool in helping police apprehend criminals, to which Netanyahu replied that police work should be excluded from the amendment.

Such an amendment could have far-reaching ramifications, including in cases involving sexual harassment, public corruption, or illegal termination of employments, as many time legal proceedings in such cases are based on secretly recorded conversations.

Officials at the Prime Minister's Office dismissed concerns that such legislation would impede investigative journalism or law enforcement.

"There will always be exceptions, entities that would be able to get a court order to pursue secret recordings," one official said.

Regarding the potential harm to investigative journalism, the official said that "journalism cannot come at the price of compromising a person's privacy. Just as a reporter is not allowed to break any law to do his work, there is a need to review whether secret audio or video recordings by reporters compromise the right to privacy.

"In any case, there's no bill in the works, nor is there even any preparatory work on the matter. The prime minister spoke on a matter of principle, and at this point it's too early to tell where it may lead."

Also on Wednesday, Netanyahu met with Army Radio reporters in his office.

Addressing a recent legislative proposal by Knesset Internal Affairs Committee Chairman MK David Amsalem (Likud) aimed at preventing authorities from launching frivolous investigations into the prime minister's conduct, Netanyahu said the bill was "ill-timed."

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