Nationality and ethnicity played a role in determining fraud risks
Nationality and ethnicity played a role in determining fraud risks
Nienke Ten Donkelaar — January 28, 2022
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A new report by PwC reveals that the tax authorities have selected elements such as nationality and physical characteristics when assessing fraud risks, which harms privacy regulations and general principles of good governance. Citizens on the list were often seen as proven fraudsters and treated like that.
PwC investigation into the Fraud Signaling Facility (FSV)
On behalf of the tax authorities, PwC is investigating the Fraud Signaling Facility (FSV). PwC previously released a report about this in December 2021, which showed that the data on the FSV lists should never have been used in this way. The results are confirmed by other devastating reports, such as the investigation by the Data Protection Authority (AP) in October. This shows that the tax authorities have been guilty of “unprecedented” violations of privacy laws for 20 years.
This week's report shows that there is internal communication from and with the tax authorities regarding risk assessment based on “special personal data”. These include personal characteristics such as nationality, medical information and ethnicity. PwC estimates that these characteristics were recorded in 11% of the investigated files.
Communication took place, among others, with the Combiteam Approach Facilitators (CAF). They analyzed by nationality, according to the study. FSV registrations also came from Project 1043 or Project 1044. Once registered on the list, the entry remained. In this way, data about citizens was always available. Just like the fraud label that was often associated with it. Even if the citizen wasn't a fraud at all. PwC finds that 6% of the citizens on the blacklist have been under intensive supervision for too long.
Major consequences of ethnic profiling
Until recently, the tax authorities still maintained that there was no ethnic profiling when registering on the FSV list. This makes the news even more shocking. A blacklist such as the FSV has many adverse consequences. Blacklisted citizens were often not eligible for debt assistance, such as payment arrangements, debt forgiveness or debt restructuring.
Privacy-sensitive data shared
In addition, in a second report, PwC states that the data was often shared with other government agencies, such as the Ministry of Justice and Security, municipalities and the UWV. It is not yet clear whether sharing this data was allowed by law and what the consequences were.
PwC follow-up study
In addition to nationality and other personal characteristics, there may have been more reasons for including innocent civilians on the list. Follow-up PwC studies and its own research should clarify this in the future.
Are you also on a list?
Do you suspect that you are on the FSV list or on another black list? And would you like to know what your options are? Please feel free to contact us for an informal conversation. This can be done by sending an email to info@ft-advocaten.nl, calling to +31 (0) 85 006 2222 or us contact form to fill out.
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