Foreign Affairs Minister Wopke Hoekstra must provide a text and explanation on the use of algorithms used in assessing visa applications. The Autoriteit Persoonsgegevens is concerned that the algorithms encourage discrimination and may lead to profiling. The regulator calls the issue "worrisome.
This is confirmed by a spokesman for the Autoriteit Persoonsgegevens to NRC following an investigation by the newspaper and journalistic organization Lighthouse Reports (1). The investigation is about "the problematic digitalization of the issuing of Schengen visas. Such visas, valid for 90 days, are mandatory for people coming from outside the EU and coming to the Netherlands for vacation, business or family visits.
Visa applications used to go through Dutch embassies. In recent years, that system has been replaced by digital services. Those who want to visit our country now have to send their documents to VFS Global. That is a multinational company with an office in Dubai that has been hired by the Dutch government to handle visa applications worldwide.
VFS Global digitizes visa applications and sends them to The Hague. There, 118 so-called "decision officers" work to review the applications. To assist them in their work, they use the algorithm "Information Supportive Decision Making. Based on things like nationality, gender, age and location, the algorithm determines whether an application should be studied briefly or intensively.
The goal of the algorithm is to deter illegal migration and make visa applications efficient and fair. The practice, however, is a lot more unruly. For example, it turns out that visa applications for people who fall into the "quick review" pile are granted a lot more often than those who are labeled "intensive review.
Niels Westerlaken, data protection officer at the Ministry of Foreign Affairs, warned in 2022 that the system leads to "profiling of visa applicants," as it may encourage discrimination. He noted that the algorithm automatically assigned applications from young Surinamese men the "intensive review" stamp. "They suffer the evils similar to them," the data protection officer said in a presentation to top officials.
However, Westerlaken's advice was not taken seriously by the State Department. And that worries the Autoriteit Persoonsgegevens . The regulator spoke with the privacy adviser at the time and requested various documents from the department. Minister Wopke Hoekstra has been asked by the privacy watchdog to clarify the algorithm and answer the question of what the ministry is doing to combat discrimination and profiling.
A State Department spokeswoman confirmed to NRC that the Autoriteit Persoonsgegevens has requested additional information on "the necessity and proportionality of data processing" in visa applications. She expects the issue to be discussed at the official level soon. She emphasizes that the invitation to Minister Hoekstra is "not non-binding.
This is not the first time the Autoriteit Persoonsgegevens has knocked on the door of the State Department over visa applications. In April 2022, the regulator imposed a fine of 565,000 euros on the ministry because its visa application system was insufficiently secured for years.
The National Visa Information System (NVIS) had "inadequate physical and digital security." This allowed unauthorized employees to view and modify visa applicants' personal data. In addition, the ministry did not adequately inform visa applicants that their data was being shared with other organizations and agencies. However, this is required by law.
The security breaches have since been closed. The ministry has now paid 50,000 euros in penalties to the Autoriteit Persoonsgegevens.
https://www.nrc.nl/nieuws/2023/05/01/minister-moet-uitleg-geven-over-algoritme-voor-visa-a4163510
