Supreme Court Blocks Voter Data Transfer Apps in Elections

Israel's Supreme Court has ruled that transferring voter identity data from polling stations on election day is illegal, effectively barring the use of digital applications like 'Elector' by party representatives. The decision, made by Justices Yael Vilner, Alex Stein, and Khaled Keboub, overturned a previous approval by the Central Elections Committee that had permitted such data transfers.

The court found that the Elections Committee lacked the legal authority to grant party representatives permission to collect and transmit this information. The ruling means that party operatives will be prohibited from using these apps to track voters who have cast their ballots, a practice that could be used to identify non-voters and encourage them to vote.

These applications allow poll workers and party observers to send real-time updates on voter turnout throughout election day. The data collected can be used to create lists of individuals who have not yet voted, and the apps can also facilitate get-out-the-vote efforts through targeted messaging. The operation of these tools relies on the processing of personal data, often managed by external entities working for political parties.

Parties such as Likud, Shas, and United Torah Judaism have previously made extensive use of the 'Elector' app. While the head of the Elections Committee, Justice Noam Sohlberg, had initially banned the apps last month, the issue was subsequently brought before the full committee. Following the committee's approval, new petitions were filed with the Supreme Court, arguing that the practice violated privacy laws.

In her explanation, Justice Vilner addressed Likud's argument for a temporary permit, stating that the legality of such data transfer had long been questionable and citing previous decisions by election committee heads. She emphasized that no legal basis existed for the committee to authorize party representatives to engage in this activity.

Following Sohlberg's initial ban, Likud's attorney, Ilan Bombach, had called the prohibition a "crippling blow" that would "ruin the elections for the party." When questioned by Justice Keboub about why the ban, which affects all parties, specifically impacted Likud, Bombach explained that the party's large, long-established voter base relied on utilizing its existing data.