A/66/265
them with the assistance they need to obtain sustainable, productive and decent
work.42
57. To ensure that beneficiaries comply with conditions and requirements, States
often subject them to intensive examinations and intrusive investigations. Social
benefit administrators are empowered to interrogate beneficiaries about a wide
range of personal issues and to search their homes for evidence of fraudulent
activity.43 Beneficiaries are required to report regularly and disclose excessive
amounts of information whenever it is demanded of them. In some countries, they
must even submit to mandatory screening for drug use. They must also give their
consent to authorities to scrutinize every aspect of their lives and to question their
friends, colleagues and acquaintances.44 Beneficiaries are encouraged to watch each
other and report abuses to programme administrators through anonymous channels.
These intrusive measures undermine beneficiaries’ personal independence, seriously
interfere in their right to privacy and family life, make them vulnerable to abuse and
harassment, and weaken community solidarity.
58. The introduction of biometrics to social benefits systems means that in some
States, beneficiaries must submit to facial recognition technology, finger imaging
and iris scans.45 These mechanisms give States extensive power and discretion to
monitor and interfere in the lives of beneficiaries. The information obtained is
frequently made accessible to other authorities for purposes other than those for
which it was given, without beneficiaries’ consent.46 Such practices seriously
threaten the protection of personal data and the right to access and control one’s
personal information.
59. Surveillance policies often treat beneficiaries like criminals and make them
feel guilty, anxious and ashamed. While some mechanisms of control are necessary,
they must comply with the requirements of reasonableness and proportionality. For
example, evidence shows that the range of control and surveillance mechanisms
employed by States in administering social benefits is clearly disproportionate to the
prevalence of social benefit fraud. The overpayment of social benefits is often
caused by administrative errors on the part of the State, rather than fraud by the
beneficiary.47 Where beneficiaries are responsible for overpayment, it is far more
likely to be due to error than to fraud, and when fraud does occur, is it usually
opportunistic, low-level fraud with respect to small, subsistence amounts of money.
However, policymakers represent social benefit fraud to be a pervasive problem,
channelling considerable resources to combat it. Political rhetoric disproportionately
focuses on social benefit fraud over taxation fraud, the cost of which is a far greater
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43
44
45
46
47
11-44449
Universal Declaration of Human Rights, art. 23; International Covenant on Economic, Social
and Cultural rights, art. 6.
Falkiner v. Ontario (Ministry of Community and Social Services) (2002), 59 O.R. (3d) 481
(C.A.), Factum of the Canadian Civil Liberties Association, p. 5.
Ibid.
For example, India is in the process of rolling out the Unique Identification Authority of India
scheme, whereby individuals will be allocated a unique identity number tied to biometric data.
See the Unique Identification Authority of India, “What is Aadhaar?” available at
http://uidai.gov.in/index.php?option=com_content&view=article&id=57&Itemid=105.
See, for example, Anemona Hartocollis, “Concern for vast social services database on the city’s
neediest”, The New York Times, 16 June 2011.
Tamara Walsh and Greg Marston, “Benefit overpayment, welfare fraud and financial hardship in
Australia”, Journal of Social Security Law, vol. 17, No. 2 (2010), p. 101.
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