In the field of social security, the transition to the ‘Digital Welfare States’ is accelerating as we detect fraud, and discover welfare blind spots using intelligent information technology. However, this can increase concerns about privacy protection and the advent of a surveillance society, and fixation of prejudice. The balance between innovation using new technologies and protection of fundamental rights is raised as an important task. In relation to these issues, this paper analyzes the Hague District Court’s case on the System Risk Indication (SyRI) to examine the impact of informatization in the social security area on the guarantee of basic rights and the implications to South Korea related to the direction of normative response to it.
 SyRI is a legal instrument used by the Dutch government to detect various forms of fraud, including social benefits, allowances, and taxes fraud. The court has ruled that the legislation regulating the use of SyRI does not comply with Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for private and family life, home and correspondence. The court has decided that the legislation does not strike a fair balance, as required under the ECHR, which would warrant a sufficiently justified violation of private life. In that respect, the application of SyRI is insufficiently transparent and verifiable.
 The SyRI case has an important meaning for many countries pursuing a digital welfare state in that it warned of such dangers regarding the digitalization of welfare, which has been promoted with only the convenience and efficiency of social security administration. Even if it is need to use intelligent information technology for a legitimate purpose, it can cause various risks and side effects, so we must first establish a legal basis through sufficient social discussion and agreement. In addition, rather than obsessing over efficiency and administrative convenience, it is necessary to think about fundamental measures to solve the problems of fraud and blind spots in the social security field, and focus on using technology for this purpose. Also, the legislation should accommodate enhanced transparency regarding risk models and algorithms, provision of information to the data subjects, objective evaluation procedures for the need for data processing and the adequacy of the process, and data protection impact assessment. Through this, it will be possible to prevent damage to constitutional values such as human autonomy, the right to self-determination of personal information, the privacy or the right to respect for private life, and equality, and to minimize restrictions on fundamental rights.
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