HCJ Corona Interim Order

HCJ Corona Interim Order

Avinoam Sharon
March 20, 2020

In response to the corona virus epidemic, the Israeli government promulgated two sets of emergency regulations: (1) Emergency Regulations (Authorization of the Israel Security Agency to aid in the national effort to limit the spread of the new corona virus), 5780-2020; (2) Emergency Regulations (Location Data), 5780-2020. The regulations permit the collection, processing and use of “technological data” of persons who have contracted the new corona virus (hereinafter: the virus), in order to combat the spread of the corona epidemic (and see the New York Times’ report here).

On Wednesday, March 18, 2020, a petition was filed in the High Court of Justice challenging the constitutionality of the regulations, as well as the lawfulness of the regulations in the absence of parliamentary oversight . Two additional petitions were filed on the following day.

On Thursday, March 19, 2020, the Supreme Court, sitting as High Court of Justice (President E. Hayut, Deputy President H. Melcer, Justice N. Sohlberg), held a hearing on the petitions, and issued an interim order prohibiting the implementation of the regulations in the absence of parliamentary oversight.

An English translation of the full text of the decision can be read here.