Competent authority

An Israeli Magistrate or District Court

Basis in law

Article 43 to the Israeli Criminal Procedure Ordinance (Arrest and Search) (1969) states that an Israeli Court may order any person to produce any object, including computer material, if the object is required for the criminal investigation or judicial procedure.

If different for subscriber information

Yes. Article 3 to the Israeli Criminal Procedure Law (Communication's Data) (2007) states that an Israeli Court may order the production of subscriber information in cases where the information is required in order to save human lives; detecting, investigating or preventing offences or criminals or asset forfeiture.

Article 4 to the Israeli Criminal Procedure Law (Communication's Data) states that in urgent cases, when receiving a judicial order under Article 3 is not possible, a police officer in the rank of a Chief Superintendent or above may order the production of said subscriber information if he is convinced that the order is necessary to prevent or detect a criminal offence punishable by more than three years imprisonment, or in order to save human lives. The production order will be valid for no more than 24 hours and will be handed in writing.

If different for traffic data

Article 3 to the Israeli Criminal Procedure Law (Communication's Data) (2007). Article 4 to the Israeli Criminal Procedure Law (Communication's Data) states that in urgent cases, when receiving a judicial order under Article 3 is not possible, a police officer in the rank of a Chief Superintendent or above may order the production of traffic data if he is convinced that the order is necessary to prevent or detect a criminal offence (punishable by more than three years imprisonment) or in order to save human lives. The production order will be valid for no more than 24 hours and will be handed in writing

Form

Article 3(c) to the Israeli Criminal Procedure Law (Communication's Data) (2007) states that the request must be written and accompanied by an affidavit.

Competent authority

An Israeli Magistrate or District Court

Basis in law

Article 43 to the Israeli Criminal Procedure Ordinance (Arrest and Search) (1969) states that an Israeli Court may order any person to produce any object, including computer material, if the object is required for the criminal investigation or judicial procedure. The Israeli courts have acknowledged that this Article enables the issue of a preservation order as well as production order.  

If different for subscriber information

Yes. Article 3 to the Israeli Criminal Procedure Law (Communication's Data) (2007) states that an Israeli Court may order the production of traffic data. The Israeli courts have acknowledged that this Article enables the issue of a preservation order as well as production order.  

If different for traffic data

Article 3 to the Israeli Criminal Procedure Law (Communication's Data) (2007) covers traffic data as well as subscribers information.

Form

Article 3(c) to the Israeli Criminal Procedure Law (Communication's Data) (2007) states that the request must be written and accompanied by an affidavit.

Definition of emergency situation

According to the Israeli legislation and Israeli case Law, emergency situations are cases involving saving human lives, urgent need to prevent a crime, urgent need to prevent the destruction of evidence, urgent need to seize assets, all when it is not possible, due to the circumstances of the case, to submit a request to a court. 

Article 4 to the Israeli Criminal Procedure Law (Communication's Data) states that in urgent cases, when receiving a judicial order under Article 3 is not possible, a police officer in the rank of a Chief Superintendent or above may order the production of said traffic data. The production order will be valid for no more than 24 hours and will be handed in writing.

Obligation to cooperate

According to the Israeli Law, non-compliance with a lawful order that was given by law is illegal, whether the order was given by a court in "regular" cases or it was given by a police officer in urgent cases. Such non-compliance is illegal according to Article 287(a) to the Israeli Penal Law (1977) and according to the Israeli Contempt Ordinance, which can imprisonment, fines and seizure of assets.

Obligation of secrecy

Yes. Article 5 to the Israeli Criminal Procedure Law (Communication's Data) (2007) orders that unless a specific order was given by the court, the confidentiality of the orders will be preserved. In cases where the production or preservation has been made according to Article 43 to the Israeli Criminal Procedure Ordinance (Arrest and Search) (1969), the Israeli courts have acknowledged their authority to order that the subject of the warrant will not be informed.

Non respect of the obligation of secrecy

Article 11(a) to the Israeli Criminal Procedure Law (Communication's Data) (2007) states that non-compliance with the confidentiality of an order issued based on Article 5 to this Law, is punishable by two years imprisonment.

In cases where the warrant has been issued based on Article 43 to the Israeli Criminal Procedure Ordinance (Arrest and Search) (1969) and a confidentiality obligation has been ordered,  the conduct may amount to an offense based on Article 287(a) to the Israeli Penal Law (1977), which is punishable by two years imprisonment.

Exception

none