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February 6, 2020 12:45 am

Welfare Surveillance System Violates Human Rights, Dutch Court Rules

An anonymous reader quotes a report from The Guardian: A Dutch court has ordered the immediate halt of an automated surveillance system for detecting welfare fraud because it violates human rights, in a judgment likely to resonate well beyond the Netherlands. The case was seen as an important legal challenge to the controversial but growing use by governments around the world of artificial intelligence (AI) and risk modeling in administering welfare benefits and other core services. Campaigners say such "digital welfare states" -- developed often without consultation, and operated secretively and without adequate oversight -- amount to spying on the poor, breaching privacy and human rights norms and unfairly penalizing the most vulnerable. A Guardian investigation in October found the Department for Work and Pensions (DWP) had increased spending to about $10 million a year on a specialist "intelligent automation garage" where computer scientists were developing more than 100 welfare robots, deep learning and intelligent automation for use in the welfare system. The Dutch government's risk indication system (SyRI) is a risk calculation model developed over the past decade by the social affairs and employment ministry to predict the likelihood of an individual committing benefit or tax fraud or violating labour laws. Deployed primarily in low-income neighborhoods, it gathers government data previously held in separate silos, such as employment, personal debt and benefit records, and education and housing histories, then analyses it using a secret algorithm to identify which individuals might be at higher risk of committing benefit fraud. "A broad coalition of privacy and welfare rights groups, backed by the largest Dutch trade union, argued that poor neighborhoods and their inhabitants were being spied on digitally without any concrete suspicion of individual wrongdoing," the report adds. "SyRI was disproportionately targeting poorer citizens, they said, violating human rights norms." "The court ruled that the SyRI legislation contained insufficient safeguards against privacy intrusions and criticized a 'serious lack of transparency' about how it worked. It concluded in its ruling that, in the absence of more information, the system may, in targeting poor neighborhoods, amount to discrimination on the basis of socioeconomic or migrant status."

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