Document Actions

Citation and metadata

Recommended citation

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.

Download Citation

Endnote

%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 257-271

Download

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"
}

Download

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

Wordbib

<?xml version="1.0" encoding="UTF-8"?>
<b:Sources SelectedStyle="" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography"  xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" >
<b:Source>
<b:Tag>appelman2021</b:Tag>
<b:SourceType>ArticleInAPeriodical</b:SourceType>
<b:Year>2021</b:Year>
<b:PeriodicalTitle>JIPITEC</b:PeriodicalTitle>
<b:Volume>12</b:Volume>
<b:Issue>4</b:Issue>
<b:Url>http://nbn-resolving.de/urn:nbn:de:0009-29-54071</b:Url>
<b:Pages>257-271</b:Pages>
<b:Author>
<b:Author><b:NameList>
<b:Person><b:Last>Appelman</b:Last><b:First>Naomi</b:First></b:Person>
<b:Person><b:Last>Ò Fathaigh</b:Last><b:First>Ronan</b:First></b:Person>
<b:Person><b:Last>van Hoboken</b:Last><b:First>Joris</b:First></b:Person>
</b:NameList></b:Author>
</b:Author>
<b:Title>Social Welfare, Risk Profiling and Fundamental Rights: The Case of SyRI in the Netherlands</b:Title>
<b:Comments>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.</b:Comments>
</b:Source>
</b:Sources>
Download

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.
ER

Download

Mods

<mods>
  <titleInfo>
    <title>Social Welfare, Risk Profiling and Fundamental Rights: The Case of SyRI in the Netherlands</title>
  </titleInfo>
  <name type="personal">
    <namePart type="family">Appelman</namePart>
    <namePart type="given">Naomi</namePart>
  </name>
  <name type="personal">
    <namePart type="family">Ò Fathaigh</namePart>
    <namePart type="given">Ronan</namePart>
  </name>
  <name type="personal">
    <namePart type="family">van Hoboken</namePart>
    <namePart type="given">Joris</namePart>
  </name>
  <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.</abstract>
  <subject>
    <topic>Automated decision-making</topic>
    <topic>Digital administrative state</topic>
    <topic>Fundamental rights</topic>
    <topic>Risk profiling</topic>
    <topic>Social welfare</topic>
  </subject>
  <classification authority="ddc">340</classification>
  <relatedItem type="host">
    <genre authority="marcgt">periodical</genre>
    <genre>academic journal</genre>
    <titleInfo>
      <title>JIPITEC</title>
    </titleInfo>
    <part>
      <detail type="volume">
        <number>12</number>
      </detail>
      <detail type="issue">
        <number>4</number>
      </detail>
      <date>2021</date>
      <extent unit="page">
        <start>257</start>
        <end>271</end>
      </extent>
    </part>
  </relatedItem>
  <identifier type="issn">2190-3387</identifier>
  <identifier type="urn">urn:nbn:de:0009-29-54071</identifier>
  <identifier type="uri">http://nbn-resolving.de/urn:nbn:de:0009-29-54071</identifier>
  <identifier type="citekey">appelman2021</identifier>
</mods>
Download

Full Metadata

JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
Article search
Extended article search
Newsletter
Subscribe to our newsletter
Follow Us
twitter