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Naomi Appelman, Ronan Ò Fathaigh, Joris van Hoboken, Social Welfare, Risk Profiling and Fundamental Rights: The Case of SyRI in the Netherlands, 12 (2021) JIPITEC 257 para 1.
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%0 Journal Article %T Social Welfare, Risk Profiling and Fundamental Rights: The Case of SyRI in the Netherlands %A Appelman, Naomi %A Ò Fathaigh, Ronan %A van Hoboken, Joris %J JIPITEC %D 2021 %V 12 %N 4 %@ 2190-3387 %F appelman2021 %X This article discusses the use of automated decisioning-making (ADM) systems by public administrative bodies, particularly systems designed to combat social-welfare fraud, from a European fundamental rights law perspective. The article begins by outlining the emerging fundamental rights issues in relation to ADM systems used by public administrative bodies. Building upon this, the article criti-cally analyses a recent landmark judgment from the Netherlands and uses this as a case study for discussion of the application of fundamental rights law to ADM systems by public authorities more generally. In the so-called SyRI judgment, the District Court of The Hague held that a controversial automated welfare-fraud de-tection system (SyRI), which allows the linking and analysing of data from an ar-ray of government agencies to generate fraud-risk reports on people, violated the right to private life, guaranteed under Article 8 of the European Convention on Human Rights (ECHR). The Court held that SyRI was insufficiently transparent, and contained insufficient safeguards, to protect the right to privacy, in violation of Article 8 ECHR. This was one of the first times an ADM system being used by welfare authorities has been halted on the basis of Article 8 ECHR. The article critically analyses the SyRI judgment from a fundamental rights perspective, in-cluding by examining how the Court brought principles contained in the General Data Protection Regulation within the rubric of Article 8 ECHR as well as the im-portance the Court attaches to the principle of transparency under Article 8 ECHR. Finally, the article discusses how the Dutch government responded to the judgment. and discusses proposed new legislation, which is arguably more inva-sive, with the article concluding with some lessons that can be drawn for the broader policy and legal debate on ADM systems used by public authorities. im-plications. %L 340 %K Automated decision-making %K Digital administrative state %K Fundamental rights %K Risk profiling %K Social welfare %U http://nbn-resolving.de/urn:nbn:de:0009-29-54071 %P 257-271Download
Bibtex
@Article{appelman2021,
author = "Appelman, Naomi
and {\`O} Fathaigh, Ronan
and van Hoboken, Joris",
title = "Social Welfare, Risk Profiling and Fundamental Rights: The Case of SyRI in the Netherlands",
journal = "JIPITEC",
year = "2021",
volume = "12",
number = "4",
pages = "257--271",
keywords = "Automated decision-making; Digital administrative state; Fundamental rights; Risk profiling; Social welfare",
abstract = "This article discusses the use of automated decisioning-making (ADM) systems by public administrative bodies, particularly systems designed to combat social-welfare fraud, from a European fundamental rights law perspective. The article begins by outlining the emerging fundamental rights issues in relation to ADM systems used by public administrative bodies. Building upon this, the article criti-cally analyses a recent landmark judgment from the Netherlands and uses this as a case study for discussion of the application of fundamental rights law to ADM systems by public authorities more generally. In the so-called SyRI judgment, the District Court of The Hague held that a controversial automated welfare-fraud de-tection system (SyRI), which allows the linking and analysing of data from an ar-ray of government agencies to generate fraud-risk reports on people, violated the right to private life, guaranteed under Article 8 of the European Convention on Human Rights (ECHR). The Court held that SyRI was insufficiently transparent, and contained insufficient safeguards, to protect the right to privacy, in violation of Article 8 ECHR. This was one of the first times an ADM system being used by welfare authorities has been halted on the basis of Article 8 ECHR. The article critically analyses the SyRI judgment from a fundamental rights perspective, in-cluding by examining how the Court brought principles contained in the General Data Protection Regulation within the rubric of Article 8 ECHR as well as the im-portance the Court attaches to the principle of transparency under Article 8 ECHR. Finally, the article discusses how the Dutch government responded to the judgment. and discusses proposed new legislation, which is arguably more inva-sive, with the article concluding with some lessons that can be drawn for the broader policy and legal debate on ADM systems used by public authorities. im-plications.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-54071"
}
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RIS
TY - JOUR AU - Appelman, Naomi AU - Ò Fathaigh, Ronan AU - van Hoboken, Joris PY - 2021 DA - 2021// TI - Social Welfare, Risk Profiling and Fundamental Rights: The Case of SyRI in the Netherlands JO - JIPITEC SP - 257 EP - 271 VL - 12 IS - 4 KW - Automated decision-making KW - Digital administrative state KW - Fundamental rights KW - Risk profiling KW - Social welfare AB - This article discusses the use of automated decisioning-making (ADM) systems by public administrative bodies, particularly systems designed to combat social-welfare fraud, from a European fundamental rights law perspective. The article begins by outlining the emerging fundamental rights issues in relation to ADM systems used by public administrative bodies. Building upon this, the article criti-cally analyses a recent landmark judgment from the Netherlands and uses this as a case study for discussion of the application of fundamental rights law to ADM systems by public authorities more generally. In the so-called SyRI judgment, the District Court of The Hague held that a controversial automated welfare-fraud de-tection system (SyRI), which allows the linking and analysing of data from an ar-ray of government agencies to generate fraud-risk reports on people, violated the right to private life, guaranteed under Article 8 of the European Convention on Human Rights (ECHR). The Court held that SyRI was insufficiently transparent, and contained insufficient safeguards, to protect the right to privacy, in violation of Article 8 ECHR. This was one of the first times an ADM system being used by welfare authorities has been halted on the basis of Article 8 ECHR. The article critically analyses the SyRI judgment from a fundamental rights perspective, in-cluding by examining how the Court brought principles contained in the General Data Protection Regulation within the rubric of Article 8 ECHR as well as the im-portance the Court attaches to the principle of transparency under Article 8 ECHR. Finally, the article discusses how the Dutch government responded to the judgment. and discusses proposed new legislation, which is arguably more inva-sive, with the article concluding with some lessons that can be drawn for the broader policy and legal debate on ADM systems used by public authorities. im-plications. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-54071 ID - appelman2021 ER -Download
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ISI
PT Journal AU Appelman, N Ò Fathaigh, R van Hoboken, J TI Social Welfare, Risk Profiling and Fundamental Rights: The Case of SyRI in the Netherlands SO JIPITEC PY 2021 BP 257 EP 271 VL 12 IS 4 DE Automated decision-making; Digital administrative state; Fundamental rights; Risk profiling; Social welfare AB This article discusses the use of automated decisioning-making (ADM) systems by public administrative bodies, particularly systems designed to combat social-welfare fraud, from a European fundamental rights law perspective. The article begins by outlining the emerging fundamental rights issues in relation to ADM systems used by public administrative bodies. Building upon this, the article criti-cally analyses a recent landmark judgment from the Netherlands and uses this as a case study for discussion of the application of fundamental rights law to ADM systems by public authorities more generally. In the so-called SyRI judgment, the District Court of The Hague held that a controversial automated welfare-fraud de-tection system (SyRI), which allows the linking and analysing of data from an ar-ray of government agencies to generate fraud-risk reports on people, violated the right to private life, guaranteed under Article 8 of the European Convention on Human Rights (ECHR). The Court held that SyRI was insufficiently transparent, and contained insufficient safeguards, to protect the right to privacy, in violation of Article 8 ECHR. This was one of the first times an ADM system being used by welfare authorities has been halted on the basis of Article 8 ECHR. The article critically analyses the SyRI judgment from a fundamental rights perspective, in-cluding by examining how the Court brought principles contained in the General Data Protection Regulation within the rubric of Article 8 ECHR as well as the im-portance the Court attaches to the principle of transparency under Article 8 ECHR. Finally, the article discusses how the Dutch government responded to the judgment. and discusses proposed new legislation, which is arguably more inva-sive, with the article concluding with some lessons that can be drawn for the broader policy and legal debate on ADM systems used by public authorities. im-plications. ERDownload
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 12 (2021) 4 |
|---|---|
| Title |
Social Welfare, Risk Profiling and Fundamental Rights: The Case of SyRI in the Netherlands (eng) |
| Author | Naomi Appelman, Ronan Ò Fathaigh, Joris van Hoboken |
| Language | eng |
| Abstract | This article discusses the use of automated decisioning-making (ADM) systems by public administrative bodies, particularly systems designed to combat social-welfare fraud, from a European fundamental rights law perspective. The article begins by outlining the emerging fundamental rights issues in relation to ADM systems used by public administrative bodies. Building upon this, the article criti-cally analyses a recent landmark judgment from the Netherlands and uses this as a case study for discussion of the application of fundamental rights law to ADM systems by public authorities more generally. In the so-called SyRI judgment, the District Court of The Hague held that a controversial automated welfare-fraud de-tection system (SyRI), which allows the linking and analysing of data from an ar-ray of government agencies to generate fraud-risk reports on people, violated the right to private life, guaranteed under Article 8 of the European Convention on Human Rights (ECHR). The Court held that SyRI was insufficiently transparent, and contained insufficient safeguards, to protect the right to privacy, in violation of Article 8 ECHR. This was one of the first times an ADM system being used by welfare authorities has been halted on the basis of Article 8 ECHR. The article critically analyses the SyRI judgment from a fundamental rights perspective, in-cluding by examining how the Court brought principles contained in the General Data Protection Regulation within the rubric of Article 8 ECHR as well as the im-portance the Court attaches to the principle of transparency under Article 8 ECHR. Finally, the article discusses how the Dutch government responded to the judgment. and discusses proposed new legislation, which is arguably more inva-sive, with the article concluding with some lessons that can be drawn for the broader policy and legal debate on ADM systems used by public authorities. im-plications. |
| Subject | Automated decision-making, Digital administrative state, Fundamental rights, Risk profiling, Social welfare |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-54071 |
