Israel's Supreme Court Bans Election 'Elector' App for Voter Tracking

Israel's Supreme Court ruled on Thursday that political parties will no longer be permitted to use the 'Elector' application to track voters and encourage turnout. The decision overturned a prior ruling by the Central Elections Committee, which had approved the app's use for the upcoming elections.

The primary opinion, authored by Justice Yael Vilner and agreed upon by Justices Alex Stein and Khaled Kabub, declared the practice illegal. Justice Vilner cited a lack of legal authorization as required by administrative law principles, and a violation of the right to privacy, specifically referencing the prohibition against privacy infringement in Section 2(9) of the Privacy Protection Law.

The court also stated that the Central Elections Committee lacks the authority to permit party representatives at polling stations to engage in such tracking activities without explicit legal backing. The committee had initially approved the app's use earlier in the week by a vote of 19 to 11, following a proposal by attorney Ilan Bombach, who represented the Likud party.

Opponents of the decision were granted the right to appeal, which they exercised, leading to the Supreme Court's review. The court's focus shifted from the decision-maker's authority to the legality of tracking citizens who have not yet voted. Justice Vilner had previously expressed concern, stating that knowing whether someone voted or not infringes on their autonomy and private space.

During the proceedings, Likud's attorney, Ilan Bombach, argued that barring the app's use close to the election would cause "enormous damage" to the party, comparing it to a "terror attack" in an economic context, a term Justice Vilner questioned. Bombach also noted that the Knesset could not convene to legislate a solution given the election timeline. Justice Kabub inquired why other parties, like Shas, which also use the Elector app, did not join Likud's stance, to which Bombach responded that Likud's use is long-standing, involving significant investment in the app and its database.