Intelligence Agencies Pushed for Expanded Powers, Then Failed to Identify Dubai Threat

In 2022, Israel's Knesset passed legislation to facilitate visa-free travel to the U.S. for Israeli citizens. A key component of this was a law granting expanded powers for collecting and analyzing passenger data for individuals entering or leaving Israel. This established a database managed by the Tax Authority, storing names and details of passengers and crew. While the Shin Bet, Mossad, and Israel Police have full access, other ministries, including the Ministry of Transportation, can only submit queries.

The legal advisors for the Shin Bet and Mossad strongly supported the law, emphasizing its importance for intelligence gathering and national security. The Shin Bet's legal advisor stated the data was vital for verifying suspicions related to counter-terrorism efforts. The Mossad's legal advisor highlighted the need for the data to fulfill the organization's responsibility for protecting Israelis and Jews abroad, as well as identifying threats originating from overseas.

The law allows the Shin Bet, Mossad, and police to establish separate branches within the Tax Authority's database. These branches, located within the respective security agencies, can integrate and cross-reference their own intelligence with passenger data. Airlines are required to submit passenger information at three intervals: 48 hours before departure, at check-in, and after the aircraft doors close. The intention, as explained by a Ministry of Justice representative, is to know who is expected to arrive before they land in Israel, drawing a parallel to how earlier knowledge of potential terrorists could have prevented 9/11.

Despite these extensive powers, the Mossad reportedly did not review the passenger lists, operating under the assumption that the Ministry of Transportation held primary responsibility. The Ministry of Transportation, however, claims it never received the names, though the law permits them to request such information. Security agencies view their role as managing emergency events, while the Ministry of Transportation is responsible for routine flight security based on airline declarations and origin country checks.

While the Ministry of Transportation's procedures, approved by the National Security Council, rely on the security authorities of the airline's country of origin, the law grants intelligence agencies the explicit ability to vet passenger and crew lists. The Ministry of Transportation stated it has not received data from the database and lacks the authority to review crew names, despite having the capability to request information. A confidential 2024 State Comptroller report on flight security to Israel recommended a comprehensive review of international civil aviation security, involving multiple government bodies, but no government decision has yet been made.