The Supreme Court reversed the decision of the Central District Court in Lod in a representative action against the Clalit health insurance fund.
The subject of the claim was the ease of obtaining information about the queues assigned by the patient at the health insurance company. This information could be obtained by calling the ID number over the phone.
The district court denied the motion to admit the representative action and awarded legal costs to the plaintiff. Lawyers challenged the decision in the Supreme Court, which reversed the decision.
Although this was not a medical record, but only information about appointments, the Supreme Court ruled that such information could reveal personal and sensitive information about the insured, including possible information about his state of health, treatment received, intended location and lifestyle.
Judge Ofer Groskopf noted that it is not necessary to create an impenetrable security mechanism, but what is needed is a reasonable means of identification that will prevent a person in possession of someone else’s ID number from obtaining personal information about him.
After the meeting, Clalit announced a change in the identification mechanism. Under the new scheme, automated services are provided only when calling from a mobile number registered in the cash register systems and linked to the insured’s identity card.
The court waived the award of plaintiff’s attorney’s fees and ordered that the class action petition be dismissed once its practical purpose had been achieved. Clalit was ordered to pay the plaintiff a fee of 25 thousand shekels, and her lawyers a fee of 100 thousand shekels plus VAT.
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