Privacy watchdog investigates discriminatory fraud control by DUO | Interior

The Dutch Data Protection Authority (AP) is conducting an investigation into the Education Executive Agency (DUO). The reason for this is reports in the media about abuses in the fraud control of students living away from home, which is said to be discriminatory.

It is the first time in the history of the AP that it is investigating DUO. The investigation started this week. The authority has already physically visited DUO. Students with a migration background are remarkably often accused of student finance fraud, according to research.

The Hoger Onderwijs Persbureau, NOS op 3 and research platform Investico for, among others The Green Amsterdammer and Fidelity, recently inquired with more than thirty lawyers who have assisted students in fraud cases against DUO. This service is responsible for student finance and loans to students.

Algorithm to detect fraud

Since 2012, the lawyers have conducted 376 objection or appeal procedures for students accused of fraud with the home-away-from-home grant, a monthly allowance received by students who do not live at home. More than 97 percent of the cases – 367 cases – involved students with a migration background. In the past eight years – since the introduction of the student loan system – DUO has mainly checked adult MBO students, because they also received a basic grant under this system.

More than ten years ago, DUO started working with an algorithm to detect fraud. The system picks out potential fraudsters with ‘self-invented risk indicators such as age and education level’ – according to experts, there is no scientific basis for this. DUO’s fraud department then determines who the inspectors will visit at home. They speak with housemates and local residents, among other things. If the service concludes that fraud has been committed, the student must repay the grant and often a fine is added.

‘A disturbing signal’

Minister of Education Robbert Dijkgraaf previously called the findings ‘a disturbing signal’ in a response. Because although DUO does not register the migration background of students, the fight against fraud can have an ‘implicit, indirect discriminatory effect’. Dijkgraaf indicated that he wanted to ‘inspect this thoroughly’. He said that the benefits affair has made the government ‘really alert to this.’

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