"The voter's business only": Behind the dramatic decision of the Elections Committee

The Privacy Clinic at the Faculty of Law at Tel Aviv University has submitted a detailed opinion regarding the prohibition of transferring information to political parties concerning the identity of voters who have arrived to cast their ballots.

The opinion, prepared by Adv. Noa Diamond and Prof. Michael Birnhack, the clinic's directors, argued that the real-time transfer of information by party representatives serving on polling station committees violates voter privacy. The findings were accepted in full by the Chairman of the Central Elections Committee, Judge Noam Sohlberg.

"Judge Sohlberg's decision is of utmost importance. It establishes the privacy of voters in the most significant of civic actions. The information—whether a person voted or not—is their business, and the business of the polling station committee solely for the purpose of maintaining the integrity of the elections," stated Prof. Birnhack.

This information is generated as part of the voting process and is intended to verify a person's eligibility to vote and to ensure that they do not vote twice. While real-time data transfer may be important to parties, it is currently conducted without legal authority and without the voter's consent. There is a significant concern that such information could be utilized by various entities to pressure voters into casting their ballots—or refraining from doing so.

It is important to emphasize: any committee member who transfers information from the polling station regarding the identity of those who have voted will be violating privacy rights. This constitutes both a criminal offense and a civil wrong. Parties and other entities that facilitate such transfers will be considered accomplices and will be subject to civil lawsuits.