Electronic Signature Bill (Amendment - Limiting the Issuance of Certified Electronic Certificates by the State), 5783-2023

The bill seeks to amend the existing law regarding the issuance of certified electronic certificates. Currently, the state may issue certified electronic certificates only in specific cases, such as for a state employee or on an official identification document. The current bill aims to clarify that the state shall be authorized to issue certified electronic certificates exclusively in these cases, and not in others. The proposed change is intended to prevent a situation where the state, through various government decisions, expands its ability to issue certified electronic certificates beyond what was originally established in the law. This is despite the fact that the original law was intended to allow private companies to issue these certificates as a rule. The proposal emphasizes that the original rationale of the law was to leave the issuance of certificates to private companies, and expanding state activity in this field could harm private companies that have already been operating in the field for many years, and even eliminate their operations. In addition, it is argued that state services tend to move in the opposite direction, i.e., toward privatization rather than nationalization. The proposal also raises the issue of insurance and liability in the event of a service failure. When a private entity issues an electronic certificate, the business client can sue it in the event of a failure. In contrast, if it is the state that issues the certificate, it is unclear whether the client will be able to sue the state and receive compensation in the event of damage. In summary, the bill seeks to clarify the state's authority to issue certified electronic certificates and limit it to specific cases established by law, in order to maintain the original legislative intent and protect the private market.

Source: הצעת חוק לדיון מוקדם