Israel's Supreme Court Rules on Patient Privacy at Clalit Health Services
Israel's Supreme Court has ruled on a significant privacy case against Clalit Health Services, one of the country's largest health providers, concerning the security of patient information accessed via its telephone service. The case, initially brought by Nona Day, questioned whether a patient's identity could be verified and personal or medical information disclosed solely through their national identification number.
During proceedings, the court highlighted the potential for misuse, posing a hypothetical scenario where someone could obtain singer Omer Adam's ID number to inquire about his medical appointments. The core issue was that, under the previous system, a caller only needed to provide a patient's ID number to receive details about upcoming appointments, including the doctor's name, clinic type, and address. The plaintiffs argued this information could reveal details about a patient's health and lifestyle.
Clalit initially contended that the information provided was largely technical, not sensitive, and any privacy breach was negligible. They also emphasized the importance of the telephone service for individuals less comfortable with technology, such as the elderly. However, under the court's suggestion to address potential privacy violations, Clalit implemented a new identification mechanism.
The revised system requires callers to use a mobile phone number registered with Clalit and linked to their ID. If the phone number doesn't match the ID entered, no information is disclosed. Clalit also updated its website and patient guide regarding data protection. These changes were deemed satisfactory by the plaintiffs, leading them to withdraw their request for certification of the class action.
While the class action was dismissed, the Supreme Court acknowledged the case's merit in raising a crucial privacy issue. The court awarded the plaintiff 25,000 shekels plus VAT as compensation and 100,000 shekels plus VAT for legal fees to her representatives. The court also stated that the dismissal does not prevent individual patients who suffered damages from filing separate lawsuits. The ruling was delivered on June 24, 2026, by Justices Yael Willner, Ofer Grosskopf, and Ruth Ronen.
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