{"id":174268,"date":"2024-12-05T12:32:39","date_gmt":"2024-12-05T11:32:39","guid":{"rendered":"https:\/\/www.erasmusmagazine.nl\/en\/?p=174268"},"modified":"2025-12-19T11:27:38","modified_gmt":"2025-12-19T10:27:38","slug":"duo-must-re-examine-the-processing-of-personal-data-in-the-wake-of-the-childcare-benefits-scandal","status":"publish","type":"post","link":"https:\/\/www.erasmusmagazine.nl\/en\/2024\/12\/05\/duo-must-re-examine-the-processing-of-personal-data-in-the-wake-of-the-childcare-benefits-scandal\/","title":{"rendered":"DUO must re-examine the processing of personal data in the wake of the childcare benefits scandal"},"content":{"rendered":"

All ministries and executive agencies were required to investigate whether they used personal data such as birthplace and nationality without necessity. However, study grant agency DUO\u2019s review was not thorough enough, according to Minister Bruins.<\/p>\n

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DUO's office in Groningen.<\/span><\/p>

\n\t\n\n<\/svg>\n<\/span>\n\tImage by:<\/span>\n\n\t\t\t\n\t\t\t\t\t\t\tRichard Broekhuijzen<\/span>\t\t\t\t\t<\/span>\n\t<\/p>\n<\/figcaption><\/figure>

MP Do\u011fukan Ergin (Denk) tabled a motion during a short debate on student finance on Tuesday, calling for DUO to repeat the investigation. NSC Minister Eppo Bruins expressed his support for the proposal, saying: \u201cIt\u2019s a good idea from Mr Ergin.\u201d<\/p>\n

Motie#21<\/h2>

Following the childcare benefits scandal, which primarily affected Surinamese and Caribbean Dutch citizens, the House of Representatives demanded that ministries and executive agencies examine whether they used indicators related to origin, such as birthplace, nationality or ethnicity. This directive became known as Motion #21. Student finance provider DUO was also subject to this requirement.<\/p>\n

PVV State Secretary Zsolt Szab\u00f3 submitted a letter to Parliament, enclosing a collection of audit reports, one of which pertained to the Ministry of Education, Culture and Science (OCW) and DUO.<\/p>\n

DUO was tasked with identifying any use of personal data that could lead to discrimination. However, the audit report revealed that DUO\u2019s assessment was \u2018too limited to determine whether the review was conducted properly\u2019.<\/p>\n

Proportionality<\/h2>

A potential consequence is that \u201cnot all relevant processes may have been identified\u201d, the report noted. Furthermore, the agency was supposed to assess the \u2018proportionality\u2019 of its practices, which it failed to do. DUO found the task \u2018too complex\u2019.<\/p>\n

The student finance provider argued it was already overburdened. It narrowed the scope of the investigation due to limited capacity. This approach was not shared with the Ministry of OCW and only became apparent when DUO submitted its findings.<\/p>\n

This led to Ergin\u2019s motion and Minister Bruins\u2019 support for it. \u201cI defer to Parliament\u2019s judgement,\u201d Bruins said, indicating he had no objections to the motion. This increases the likelihood that a majority will demand a more comprehensive review of DUO\u2019s practices during next week\u2019s votes.<\/p>\n

Fraud investigation<\/h2>

It is important to note that this matter does not concern discrimination in DUO\u2019s fraud investigations, for which the government has already issued an apology. In that case, the discrimination appeared to be indirect. This issue has already been thoroughly scrutinised, and the government recently decided to cancel all penalties and repayment demands related to student finance fraud.<\/p>\n

Ergin also tabled motions on this matter, demanding that the government guarantee that any new oversight system will not lead to direct or indirect discrimination. D66 submitted a similar motion.<\/p>\n

Absolute certainty does not exist<\/h2>

Bruins dismissed these motions as unnecessary. \u201cThe development of DUO\u2019s new selection model involves input from scientists, experts and students\u201d, he stated. \u201cI will ensure the selection model is scientifically validated and non-discriminatory. Once completed, it will also undergo periodic independent reviews to check for compliance and impartiality.\u201d<\/p>\n

But absolute certainty? \u201cIt\u2019s not even 100 per cent certain that the sun will rise tomorrow morning,\u201d Bruins remarked, suggesting that absolute certainty is unattainable. \u201cBut I fully agree with Mr Ergin on this matter.\u201d<\/p>\n\n\t

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