Human Rights Alert (NGO)

Joseph Zernik, PhD PO Box 31440, Jerusalem 91313 josephzernik@humanrightsalertngo.org

" 91313 " 4413

12-10-24 RE: Request for clarifications by Minister of Justice Yaakov Neeman and Director General of the Ministry of Justice Dr Guy Rotfopf in re: Compliance with the Freedom of Information Act (1998) in request (46- ,)pertaining to electronic signatures.

October 24, 2012

The Honorable Minister of Justice Yaakov Neeman and Director General of the Ministry of Justice Dr Guy Rotfopf Ministry of Justice, State of Israel Via: email to "Pniyot.Tzibur" Pniyot.Tzibur@justice.gov.il and "Freedom of Information Officer Attorney Michal Teneh" MichalTe@justice.gov.il Response within 10 days is kindly requested. Dear Minister of Justice Neeman and Director General Rotkopf: I am in receipt of the September 19, 2012 letter by Freedom of Information Officer Attorney Michal Teneh, regarding Freedom of Information Request 46( ,the "Request"), filed on June 27, 2012. In her letter, Attorney Teneh says:
Pursuant to opinion of the Director General of the Ministry of Justice, and pursuant to his authority in the Freedom of Information Act (1998), Article 7(c), and given the prolonged review of the information, requested by you, the response time is extended by law. [English translation - jz]

The Freedom of Information Act (1998) in pertinent parts, Article 7 (b) and (c) says:
b) The Public Agency shall inform the Requester without delay, and no longer than 30 days from receipt of the Request, regarding its decision on the Request; the Head of the Agency, or a person authorized by him, is permitted to extend that above stipulated period, when necessary, by additional 30 days, provided that the Requester was informed in writing, and the reason for the extension was provided. c) The Head of the Public Agency is permitted to extend, additionally, the period stipulated in b) above, in a reasoned decision, which shall be forwarded to the Requester within the above said period, if, given the scope of the information, or its complexity, there is a need to extend the period; the additional extension shall not exceed the period required by the reasons provided, and in no case would exceed 60 days. [English translation - jz]

Therefore, I write to ask your clarifications on the following questions: 1) Pursuant to Article 7(c), the latest extension had to be authorized by the Head of the Agency, namely Minister of Justice Yaakov Neeman. Article 7(c) does not permit the Head of Agency to authorize others to decide on such extension. Did Minister of Justice Yaakov Neeman indeed authorize the additional extension? 2) According to accounting by the Minister of Justice, what is the latest date by which the Ministry of Justice was or is required by law to respond on the Request?

3) Could the Minister of Justice provide the reasoning, relative to the "scope of the information, or its complexity", which required the extensions in response on Request 46-? Truly,

Joseph Zernik, PhD Human Rights Alert (NGO) LINKS:

[1] 12-06-27 Freedom of Information Request (46/T) on the Ministry of Justice, in re: Secure electronic signatures of officers of the Ministry of Justice of the State officers http://es.scribd.com/doc/98529841/ [2] 12-07-23 Ministry of Justice letter confirming processing of Freedom of Information Request(T-46), RE: implementation of electronic signatures in the Ministry of Justice http://es.scribd.com/doc/101797475/ [3] 12-08-19 Notice of extension by the Ministry of Justice of the State of Israel in RE: Freedom of Information Request (46-T), pertaining to electronic signatures of senior officers of the Ministry of Justice, including but not limited to signature of Attorney Yoram HaCohen http://www.scribd.com/doc/110942432/ [4] 12-09-19 Notice of extension by the Ministry of Justice of the State of Israel in RE: Freedom of Information Request (46-T), pertaining to electronic signatures of senior officers of the Ministry of Justice, including but not limited to signature of Attorney Yoram HaCohen http://www.scribd.com/doc/110997200/