Wiretapping is listening to other people's conversation without their consent.
What is wiretapping?
Wiretapping is listening to other people's conversation without their consent. The offense is not limited to classic telephone tapping; it includes recording a conversation, monitoring it, reading written messages between two parties to which you are not a party, intrusion into computer material, and more. In the digital age, wiretapping can also be carried out even without any voice conversation at all.
The relevant law is the Wiretapping Law, Tashlat-1979. The law was enacted in the seventies, updated following the constitutional revolution and Basic Law: Human Dignity and Liberty, but it is not sufficiently current for the modern technological era, a gap that creates complex legal questions in many cases.
Wiretapping permitted under the law
Not every interception is an offense. The law recognizes several types of permitted interception:
Listening to radio broadcasts, public and private, including communication devices, does not constitute an offense.
Listening to a conversation in a public place, a conversation taking place on the street, at a bus stop, or in a café. The listener must prove that they listened incidentally and in good faith, otherwise the listening may amount to an offense.
Recording a conversation by one of its participants is completely lawful, as long as it is not done for criminal purposes or for exposing intimate relationships not for the purpose of legal proceedings between spouses. An important nuance: recording for the purpose of legal proceedings between spouses may in certain cases be permitted, a matter that requires individual legal advice.
The penalty for unlawful wiretapping
The penalty is up to 5 years of imprisonment, and this includes not only the person who carried out the interception, but also anyone who used information collected from unlawful interception, if they knew the source was illegal. The same applies to anyone who assisted in installing recording devices or purchased them knowing they would be used for unlawful interception. Beyond criminal liability, carrying out wiretapping may lead to disciplinary proceedings, revocation of professional licenses, and in the case of private investigators, revocation of their occupational license.
Common situations in which people are drawn into the offense
Between spouses, divorce proceedings and suspicion of infidelity create a tremendous temptation to carry out wiretapping. Placing a recording device in a spouse's car, a hidden camera in the bedroom, or hiring a private investigator who listens unlawfully, all of these are criminal offenses. It is important to know: courts tend not to accept evidence originating from wiretapping, so the harm is doubled, both the criminal risk and the effect on the civil proceeding. There are exceptions, and cases in which interception products can be "validated," but this requires prior advice.
In the workplace - employers who suspect theft, and employees seeking evidence against their employers, are sometimes drawn into installing hidden cameras or recording devices. The law in this area is complex and depends on the circumstances: the type of place, the employee's status, the nature of the listening, and more. Every case requires an individual analysis before any action is taken.
In kindergartens and in the care of helpless persons - following incidents of abuse exposed in recent years, many parents seek to place monitoring measures. In 2017, the State Attorney published a directive regulating a policy of refraining from prosecution in certain cases, when the interception was carried out in good faith and based on a real and well-founded concern of abuse. However, sincere and deep concern does not justify excessive and disproportionate interception. Before sending a child to kindergarten with a recording device, legal advice should first be sought.
Wiretapping by state authorities
Government bodies are authorized to carry out wiretapping only subject to prior approval:
Security bodies (Shin Bet, Mossad, Aman), the approval is given by the Minister of Defense or the Prime Minister for a period of up to three months. Only in emergencies, the head of the Shin Bet or the head of Aman may authorize interception for 48 hours.
Israel Police and enforcement bodies (the Tax Authority, the Competition Authority, the Securities Authority), the approval is given only by a judge of the District Court, after presentation of evidence indicating the need for interception for the purpose of investigating a felony offense (punishable by three years of imprisonment or more). The Pegasus software affair that stirred Israel in February 2022 illustrates how even enforcement authorities are not immune from exceeding their authority.
Legal representation in wiretapping cases
Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects and defendants in wiretapping cases, including cases in the contexts of divorce, labor disputes, and kindergarten cases. Insider familiarity with the prosecution's considerations in deciding whether to file an indictment enables focused action at the earliest possible stage. If you are suspected of carrying out wiretapping, or if unlawful interception was carried out against you, contact us for an initial consultation with no obligation before taking any action.
What is wiretapping?
Wiretapping is listening to other people's conversation without their consent. The offense is not limited to classic telephone tapping; it includes recording a conversation, monitoring it, reading written messages between two parties to which you are not a party, intrusion into computer material, and more. In the digital age, wiretapping can also be carried out without any voice conversation at all. The relevant law is the Wiretap Law, Tashlam-1979. The law was enacted in the nineteen-seventies, updated following the constitutional revolution and the Basic Law: Human Dignity and Liberty, but it is not sufficiently up to date for the modern technological age, a gap that creates complex legal questions in many cases.
Wiretapping permitted by law — what is important to know?
Not every instance of listening is an offense. The law recognizes several types of permitted listening: listening to radio broadcasts, public and private, including communication devices, does not constitute an offense. Listening to a conversation in a public place, a conversation taking place on the street, at a bus stop, or in a café. The listener must prove that they listened incidentally and in good faith, otherwise the listening may amount to an offense. Recording a conversation by one of its participants is completely lawful, as long as it is not done for criminal purposes or for exposing intimate relationships not for the purpose of legal proceedings between spouses. An important nuance: recording for the purpose of legal proceedings between spouses may in certain cases be permitted, a matter that requires individual legal advice.
Common situations in which people are drawn into the offense — what is important to know?
Between spouses, divorce proceedings and suspicion of infidelity create a tremendous temptation to carry out wiretapping. Placing a recording device in a spouse's car, a hidden camera in the bedroom, or hiring a private investigator who listens unlawfully, all of these are criminal offenses. It is important to know: courts tend not to accept evidence originating from wiretapping, so the harm is doubled, both the criminal risk and the effect on the civil proceeding. There are exceptions, and cases in which interception products can be "validated," but this requires prior advice. In the workplace - employers who suspect theft, and employees seeking evidence against their employers, are sometimes drawn into installing hidden cameras or recording devices. The law in this area is complex and depends on the circumstances: the type of place, the employee's status, the nature of the listening, and more. Every case requires an individual analysis before any action is taken.
Wiretapping by state authorities — what is important to know?
Government bodies are authorized to carry out wiretapping only subject to prior approval: security bodies (Shin Bet, Mossad, Aman), the approval is given by the Minister of Defense or the Prime Minister for a period of up to three months. Only in emergencies, the head of the Shin Bet or the head of Aman may authorize interception for 48 hours. Israel Police and enforcement bodies (the Tax Authority, the Competition Authority, the Securities Authority), the approval is given only by a judge of the District Court, after presentation of evidence indicating the need for interception for the purpose of investigating a felony offense (punishable by three years of imprisonment or more). The Pegasus software affair that stirred Israel in February 2022 illustrates how even enforcement authorities are not immune from exceeding their authority.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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