Digital welfare fraud detection and the Dutch SyRI judgment

Marvin Van Bekkum,Frederik Zuiderveen Borgesius

doi:10.1177/13882627211031257

Marvin Van Bekkum, Frederik Zuiderveen Borgesius

Open Access

https://doi.org/10.1177/13882627211031257

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Abstract

In 2020, a Dutch court passed judgment in a case about a digital welfare fraud detection system called Systeem Risico Indicatie (SyRI). The court ruled that the SyRI legislation is unlawful because it does not comply with the right to privacy under the European Convention of Human Rights. In this article we analyse the judgment and its implications. This ruling is one of first in which a court has invalidated a welfare fraud detection system for breaching the right to privacy. We show that the immediate effects of the judgment are limited. The judgment does not say much about automated fraud detection systems in general, because it is limited to the circumstances of the case. Still, the judgment is important. The judgment reminds policymakers that fraud detection must happen in a way that respects data protection principles and the right to privacy. The judgment also confirms the importance of transparency if personal data are used.

Highlights

In February 2020, the Court at First Instance in The Hague, the Netherlands, ruled in the Systeem Risico Indicatie (SyRI) case, about an automated welfare fraud detection system called SyRI.1 The court decided that the SyRI1
Irrespective of whether SyRI projects apply fully automated decision-making, the court noted that the significant effect of the submission of a risk report and its inclusion into risk registers was a relevant factor for the assessment of whether the SyRI legislation violated Article 8 European Convention on Human Rights (ECHR).49
Because the SyRI legislation is not ‘necessary in a democratic society’, the court found a violation of Article 8 ECHR.67

Summary

Introduction

In February 2020, the Court at First Instance in The Hague, the Netherlands, ruled in the SyRI case, about an automated welfare fraud detection system called SyRI. The court decided that the SyRI. If any, of the SyRI judgment for state-run fraud detection systems and automated decision systems?. The Special Rapporteur made a country visit to the United Kingdom in 2018 He noted that the ‘welfare state is gradually disappearing behind a webpage and an algorithm, with significant implications for those living in poverty’ (U.N. Human Rights Council, 2019: 13). 2. U.N. Special Rapporteur on extreme poverty and human rights (2020) Landmark ruling by Dutch court stops government attempts to spy on the poor – UN expert. Available at: https://www.ohchr.org/EN/NewsEvents/Pages/Dis playNews.aspx?LangID1⁄4E&NewsID1⁄425522 (accessed 16 June 2021) In his latest report about digital welfare states worldwide, the Special Rapporteur concluded that states should search for technologies that improve welfare instead of technologies that aim to detect fraud (U.N. Human Rights Council, 2019: 23). The relevant administrative organs are: the Dutch tax authority, the Ministry of Social Affairs and Employment, the police, the public prosecutor’s office, several administrative welfare bodies, and a number of municipalities

Explanatory memorandum to the Dutch Wet SUWI

Conclusion

75. See the Police Directive