The registration requirement imposed by Israel on aid organizations puts those organizations at a disadvantage. That is the conclusion of the Personal Data Authority (AP) following an opinion on the issue. If aid organizations provide all the personal data requested by Israel, they are most likely violating the privacy rights of employees and their family members. If they do not, Israel will no longer allow them to provide aid in the Gaza Strip as of September. The AP therefore asks the Dutch government to formally protest the registration requirement.
In a directive the Israeli government requires all organizations providing aid in the Palestinian territories to comply with comprehensive registration by early September. Israel demands personal data on not only employees themselves, but also on their partners and their children. This includes passport data on employees and their family members. Aid agencies must also provide names of donors, including "background information" about those people and the exact amounts they donated to the aid agency. What exactly constitutes background information is unclear.
The Israeli government then appears to use this information for screening and profiling purposes. The Israeli government can then link the information from the registration to what people have previously shared online. Such as expressions about dignitaries, criticism of the state of Israel, photos, calls, memes or viewpoints.
A Dutch aid organization* asked the AP for an emergency opinion on this issue in late July. Based on the information available, the AP concluded that that aid organization did not have a valid reason (basis) for providing the requested personal data to Israel. Nor would it be clear to the aid organization what happens to the personal data after the organization delivers it to Israel. The aid organization would therefore most likely be violating the General Data Protection Regulation (AVG) with the transfer of personal data. The AP therefore advised the Dutch aid organization not to comply with the registration requirement.
In an official report to the Ministry of Foreign Affairs, the AP reminds the Dutch government that the only solution to this problem is for Israel to amend the registration requirement. And asks the AP to formally protest the ministry's registration requirement. Because in the current situation, aid organizations have to choose between the rights of their employees, or doing their work in Gaza. The AP also asks the ministry to quickly discuss this issue with the European Commission, because the registration requirement may also affect other European aid organizations.
In addition, the AP itself is contacting the Israeli privacy regulator to ask it to comment on the registration requirement. And the AP will very soon enter into discussions with the other privacy regulators in Europe about how the registration requirement relates to the adequacy decision of the European Commission on Israel. That decision states that the protection of personal data in Israel is of the same level as in the European Union.
*The AP does not publish the opinion because it would reveal which aid organization requested the opinion. The organization fears that providing assistance on the ground will be further complicated if it becomes known that the AP was approached for advice.
