Benefits fraud detection system studies
| Submitted | Jan. 29, 2024 |
| Est. Completion | None |
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Communications
From: Todd Feathers
To Whom It May Concern:
Pursuant to the Wisconsin Open Records Act, I hereby request records related to ID verification and unemployment fraud detection tools used by the agency.
In an Unemployment Insurance Program Letter published in November 2023 (UIPL No. 1-24), the U.S. Department of Labor provided the following instructions to state agencies responsible for unemployment benefits:
"When a state notices that individuals are unable to verify their ID through web-based or selfservice means, or the state flags individuals as suspicious with automated cross-matching or data analytics activities, states must generate and retain documentation of these instances. States are also required to investigate the flags and make appropriate determinations so that eligible claimants are able to access UI benefits without undue barriers or delay. The state UI agency should then analyze the data to determine if the state’s ID proofing system, fraud detection and prevention solutions, cross-matching and data analytic parameters, or service provider(s) correctly identified fraud or incorrectly flagged claimants. In line with their nondiscrimination obligations under 29 CFR §38.51, states should conduct statistical or other quantifiable data analyses to determine whether their fraud detection systems are disproportionately flagging certain groups."
I request:
1) All contracts the department has entered into since Jan. 1, 2020 for the provision of unemployment fraud detection tools. This includes identity verification tools and data analytics services such as risk-scoring and fraud-scoring algorithms.
2) All analyses of the accuracy of the department's fraud detection tools, as requested by the Department of Labor in UIPL No. 1-24. This should include analyses conducted by the department or provided to the department by the vendor or a third pary since Jan. 1, 2020.
3) All analyses of whether the department's fraud detection tools disproportionately flag certain groups, as requested by the Department of Labor in UIPL No. 1-24. This should include analyses conducted by the department or provided to the department by the vendor or a third pary since Jan. 1, 2020.
I ask that all fees be waived as I am a journalist and intend to used the requested records to publish articles in the public interest and not for any commercial purpose.
If you choose to impose fees, I request a detailed breakdown of the fees, including the hourly wage of each employee involved and an explanation of the employee hours required to fulfill the request.
If you choose to reject this request or redact portions of responsive documents, I ask that you provide a detailed breakdown of the statutory exemptions and associated case law underlying your decision to withhold each/any portions from public review.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.
Sincerely,
Todd Feathers
From:
We have received your open records request and have begun processing your request. We will respond to your request as soon as practicable. Certain fees may apply to your request.
Details about the Department's open records process, including fee information, is available at this website - https://dwd.wisconsin.gov/dwd/publications/dwd/sec-6895-p.htm.
Thank you for contacting the Wisconsin Department of Workforce Development.
-
OriginalMessage
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Wisconsin Open Records Act request, copied below, and originally submitted on Jan. 29, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Wisconsin Open Records Act request, copied below, and originally submitted on Jan. 29, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Wisconsin Department Of Workforce Development
Hi Todd,
I am writing in response to your January 29, 2024 request for:
1) All contracts the department has entered into since Jan. 1, 2020 for the provision of unemployment fraud detection tools. This includes identity verification tools and data analytics services such as risk-scoring and fraud-scoring algorithms.
2) All analyses of the accuracy of the department's fraud detection tools, as requested by the Department of Labor in UIPL No. 1-24. This should include analyses conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
3) All analyses of whether the department's fraud detection tools disproportionately flag certain groups, as requested by the Department of Labor in UIPL No. 1-24. This should include analyses conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
Records responsive to item number one are available here: https://www.dropbox.com/scl/fo/t5o5wkm4oz4juvqhdx9h8/h?rlkey=rbbp04uymlx4hl7qi4p5mxz54&dl=0 . There are no records responsive to items number two or three.
Note, the Department has redacted some information related to unemployment insurance fraud prevention measures from the records provided, because, pursuant to Wis. Stat. § 19.35(1)(a), and applying the balancing test, the Department has determined that the public interest in nondisclosure outweighs the general presumption favoring release. See Woznicki v. Erickson, 202 Wis. 2d 178, 183-84, 549 N.W.2d 699 (1996).
In conducting the balancing test, the Department considered the strong public interest in disclosure and the public interest in protecting the integrity of the Unemployment Insurance (UI) Division's fraud detection efforts. Sharing detailed information about certain fraud prevention efforts would give the public insight into the methods and indicators that UI uses to detect fraud, which in turn could be used to avoid or thwart UI's fraud detection methods. Because release of this information could ultimately be used to circumvent the law, the Department determined that the public interest in the integrity of the UI program outweighs the public interest in disclosure of this information. See Democratic Party of Wisconsin v. Wisconsin Dep't of Justice, 2016 WI 100, ¶ 24, 372 Wis. 2d 460, 888 N.W.2d 584, 593.
Pursuant to Wis. Stat. § 19.35(4)(b), this determination is subject to review by mandamus under Wis. Stat. § 19.37(1) or upon application to a district attorney or the Attorney General.
Thank you,
John Dipko
Wisconsin Department of Workforce Development
Mobile: (608) 590-7868
201 E. Washington Ave.
Madison, WI 53703
John.Dipko@dwd.wisconsin.gov<mailto:John.Dipko@dwd.wisconsin.gov>
[cid:image001.png@01DA756D.D8C4C470]<dwd.wisconsin.gov>
From: Todd Feathers
Hello John,
Thank you very much for your help. For my clarification: You say there are no documents responsive to items two and three of my request. Does that mean that DWD has no record of how accurate its fraud detection tools are? And that DWD has no record of whether its fraud detection tools treat different groups equally?
I'd be very surprised if the department purchased such expensive fraud detection tools without receiving any documentation of those two issues, so I want to double check before I write an article saying that.
Best,
Todd Feathers
From:
We have received your open records request and have begun processing your request. We will respond to your request as soon as practicable. Certain fees may apply to your request.
Details about the Department's open records process, including fee information, is available at this website - https://dwd.wisconsin.gov/dwd/publications/dwd/sec-6895-p.htm.
Thank you for contacting the Wisconsin Department of Workforce Development.
-
OriginalMessage
From: Wisconsin Department Of Workforce Development
Greetings Todd:
In your January 29, 2024, request, you asked for:
2) All analyses of the accuracy of the department's fraud detection tools, as requested by the Department of Labor in UIPL No. 1-24. This should include analyses conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
3) All analyses of whether the department's fraud detection tools disproportionately flag certain groups, as requested by the Department of Labor in UIPL No. 1-24. This should include analyses conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
UIPL 1-24 was issued 11/8/23 (UIPL 01-24 | U.S. Department of Labor (dol.gov)<https://www.dol.gov/agencies/eta/advisories/uipl-01-24> and discusses the requirement that DWD collect and analyze certain UI claimant demographic information - this requirement was also outlined in the older UIPL 11-14 and is in the WIOA CFR.
UIPL 1-24 does not require an analysis of the unemployment insurance division's fraud detection tools or whether the fraud tools disproportionately affect certain groups.
As indicated in the prior response, DWD has no records responsive to those portions of your request.
Best,
Jennifer Sereno (she, her, hers)
Assistant Deputy Secretary
Wisconsin Department of Workforce Development
201 E. Washington Ave.
Madison, WI 53703
Cell: (608) 400-2513
Jennifera.sereno@dwd.wisconsin.gov<mailto:Jennifera.sereno@dwd.wisconsin.gov>
[cid:image001.png@01DA7EAA.B2996B70]<dwd.wisconsin.gov>
-
image001
From: Todd Feathers
Hello Jennifer,
Thank you for your response, and my apologies if the language in my request wasn't clear. I was not only asking for analyses of fraud detection tool accuracy or bias created in direct response to the UIPL (as indicated by the the timeline for my request, which was 2020 until the present).
So to clarify, I am requesting:
2) All analyses of the accuracy of the department's fraud detection tools conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
3) All analyses of whether the department's fraud detection tools disproportionately flag certain groups conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
If I'm misunderstanding your most recent response, please let me know.
Sincerely,
Todd Feathers
From:
We have received your open records request and have begun processing your request. We will respond to your request as soon as practicable. Certain fees may apply to your request.
Details about the Department's open records process, including fee information, is available at this website - https://dwd.wisconsin.gov/dwd/publications/dwd/sec-6895-p.htm.
Thank you for contacting the Wisconsin Department of Workforce Development.
-
OriginalMessage
From: Wisconsin Department Of Workforce Development
Greetings Todd:
I am writing in response to your additional request below for:
2) All analyses of the accuracy of the department's fraud detection tools conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
3) All analyses of whether the department's fraud detection tools disproportionately flag certain groups conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
DWD does not have any records responsive to your request. DWD does publish an annual report related to its Fraud Prevention activities, which is publicly available here: https://dwd.wisconsin.gov/uibola/uiac/reports/fraud.htm.
Best,
Jennifer Sereno (she, her, hers)
Assistant Deputy Secretary
Wisconsin Department of Workforce Development
201 E. Washington Ave.
Madison, WI 53703
Cell: (608) 400-2513
Jennifera.sereno@dwd.wisconsin.gov<mailto:Jennifera.sereno@dwd.wisconsin.gov>
[cid:image001.png@01DA81B8.8F251A70]<dwd.wisconsin.gov>
Wisconsin Department Of Workforce Development
ORA Office
Room A400, P.O. Box 7946
201 East Washington Avenue
Madison, WA 53707
March 26, 2024
This is a follow up to a previous request:
Hello Jennifer,
Thank you for your response, and my apologies if the language in my request wasn't clear. I was not only asking for analyses of fraud detection tool accuracy or bias created in direct response to the UIPL (as indicated by the the timeline for my request, which was 2020 until the present).
So to clarify, I am requesting:
2) All analyses of the accuracy of the department's fraud detection tools conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
3) All analyses of whether the department's fraud detection tools disproportionately flag certain groups conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
If I'm misunderstanding your most recent response, please let me know.
Sincerely,
Todd Feathers
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 157906
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
---
On March 25, 2024:
Subject: DWD response RE: Wisconsin Open Records Act Request: Benefits fraud detection system studies
Greetings Todd:
In your January 29, 2024, request, you asked for:
2) All analyses of the accuracy of the department's fraud detection tools, as requested by the Department of Labor in UIPL No. 1-24. This should include analyses conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
3) All analyses of whether the department's fraud detection tools disproportionately flag certain groups, as requested by the Department of Labor in UIPL No. 1-24. This should include analyses conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
UIPL 1-24 was issued 11/8/23 (UIPL 01-24 | U.S. Department of Labor (dol.gov)<https://www.dol.gov/agencies/eta/advisories/uipl-01-24> and discusses the requirement that DWD collect and analyze certain UI claimant demographic information - this requirement was also outlined in the older UIPL 11-14 and is in the WIOA CFR.
UIPL 1-24 does not require an analysis of the unemployment insurance division's fraud detection tools or whether the fraud tools disproportionately affect certain groups.
As indicated in the prior response, DWD has no records responsive to those portions of your request.
Best,
Jennifer Sereno (she, her, hers)
Assistant Deputy Secretary
Wisconsin Department of Workforce Development
201 E. Washington Ave.
Madison, WI 53703
Cell: (608) 400-2513
Jennifera.sereno@dwd.wisconsin.gov<mailto:Jennifera.sereno@dwd.wisconsin.gov<mailto:Jennifera.sereno@dwd.wisconsin.gov%3cmailto:Jennifera.sereno@dwd.wisconsin.gov>>
[cid:image001.png@01DA7EAA.B2996B70]<dwd.wisconsin.gov>
---
On March 13, 2024:
Subject: DWD Open Records Acknowledgement
We have received your open records request and have begun processing your request. We will respond to your request as soon as practicable. Certain fees may apply to your request.
Details about the Department's open records process, including fee information, is available at this website - https://dwd.wisconsin.gov/dwd/publications/dwd/sec-6895-p.htm.
Thank you for contacting the Wisconsin Department of Workforce Development.
---
On March 13, 2024:
Subject: RE: Wisconsin Open Records Act Request: Benefits fraud detection system studies
Hello John,
Thank you very much for your help. For my clarification: You say there are no documents responsive to items two and three of my request. Does that mean that DWD has no record of how accurate its fraud detection tools are? And that DWD has no record of whether its fraud detection tools treat different groups equally?
I'd be very surprised if the department purchased such expensive fraud detection tools without receiving any documentation of those two issues, so I want to double check before I write an article saying that.
Best,
Todd Feathers
---
On March 13, 2024:
Subject: RE: Wisconsin Open Records Act Request: Benefits fraud detection system studies
Hi Todd,
I am writing in response to your January 29, 2024 request for:
1) All contracts the department has entered into since Jan. 1, 2020 for the provision of unemployment fraud detection tools. This includes identity verification tools and data analytics services such as risk-scoring and fraud-scoring algorithms.
2) All analyses of the accuracy of the department's fraud detection tools, as requested by the Department of Labor in UIPL No. 1-24. This should include analyses conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
3) All analyses of whether the department's fraud detection tools disproportionately flag certain groups, as requested by the Department of Labor in UIPL No. 1-24. This should include analyses conducted by the department or provided to the department by the vendor or a third party since Jan. 1, 2020.
Records responsive to item number one are available here: https://www.dropbox.com/scl/fo/t5o5wkm4oz4juvqhdx9h8/h?rlkey=rbbp04uymlx4hl7qi4p5mxz54&dl=0 . There are no records responsive to items number two or three.
Note, the Department has redacted some information related to unemployment insurance fraud prevention measures from the records provided, because, pursuant to Wis. Stat. § 19.35(1)(a), and applying the balancing test, the Department has determined that the public interest in nondisclosure outweighs the general presumption favoring release. See Woznicki v. Erickson, 202 Wis. 2d 178, 183-84, 549 N.W.2d 699 (1996).
In conducting the balancing test, the Department considered the strong public interest in disclosure and the public interest in protecting the integrity of the Unemployment Insurance (UI) Division's fraud detection efforts. Sharing detailed information about certain fraud prevention efforts would give the public insight into the methods and indicators that UI uses to detect fraud, which in turn could be used to avoid or thwart UI's fraud detection methods. Because release of this information could ultimately be used to circumvent the law, the Department determined that the public interest in the integrity of the UI program outweighs the public interest in disclosure of this information. See Democratic Party of Wisconsin v. Wisconsin Dep't of Justice, 2016 WI 100, ¶ 24, 372 Wis. 2d 460, 888 N.W.2d 584, 593.
Pursuant to Wis. Stat. § 19.35(4)(b), this determination is subject to review by mandamus under Wis. Stat. § 19.37(1) or upon application to a district attorney or the Attorney General.
Thank you,
John Dipko
Wisconsin Department of Workforce Development
Mobile: (608) 590-7868
201 E. Washington Ave.
Madison, WI 53703
John.Dipko@dwd.wisconsin.gov<mailto:John.Dipko@dwd.wisconsin.gov<mailto:John.Dipko@dwd.wisconsin.gov%3cmailto:John.Dipko@dwd.wisconsin.gov>>
[cid:image001.png@01DA756D.D8C4C470]<dwd.wisconsin.gov>
---
On Jan. 29, 2024:
Subject: DWD Open Records Acknowledgement
We have received your open records request and have begun processing your request. We will respond to your request as soon as practicable. Certain fees may apply to your request.
Details about the Department's open records process, including fee information, is available at this website - https://dwd.wisconsin.gov/dwd/publications/dwd/sec-6895-p.htm.
Thank you for contacting the Wisconsin Department of Workforce Development.
---
On Jan. 29, 2024:
Subject: Wisconsin Open Records Act Request: Benefits fraud detection system studies
To Whom It May Concern:
Pursuant to the Wisconsin Open Records Act, I hereby request records related to ID verification and unemployment fraud detection tools used by the agency.
In an Unemployment Insurance Program Letter published in November 2023 (UIPL No. 1-24), the U.S. Department of Labor provided the following instructions to state agencies responsible for unemployment benefits:
"When a state notices that individuals are unable to verify their ID through web-based or selfservice means, or the state flags individuals as suspicious with automated cross-matching or data analytics activities, states must generate and retain documentation of these instances. States are also required to investigate the flags and make appropriate determinations so that eligible claimants are able to access UI benefits without undue barriers or delay. The state UI agency should then analyze the data to determine if the state's ID proofing system, fraud detection and prevention solutions, cross-matching and data analytic parameters, or service provider(s) correctly identified fraud or incorrectly flagged claimants. In line with their nondiscrimination obligations under 29 CFR §38.51, states should conduct statistical or other quantifiable data analyses to determine whether their fraud detection systems are disproportionately flagging certain groups."
I request:
1) All contracts the department has entered into since Jan. 1, 2020 for the provision of unemployment fraud detection tools. This includes identity verification tools and data analytics services such as risk-scoring and fraud-scoring algorithms.
2) All analyses of the accuracy of the department's fraud detection tools, as requested by the Department of Labor in UIPL No. 1-24. This should include analyses conducted by the department or provided to the department by the vendor or a third pary since Jan. 1, 2020.
3) All analyses of whether the department's fraud detection tools disproportionately flag certain groups, as requested by the Department of Labor in UIPL No. 1-24. This should include analyses conducted by the department or provided to the department by the vendor or a third pary since Jan. 1, 2020.
I ask that all fees be waived as I am a journalist and intend to used the requested records to publish articles in the public interest and not for any commercial purpose.
If you choose to impose fees, I request a detailed breakdown of the fees, including the hourly wage of each employee involved and an explanation of the employee hours required to fulfill the request.
If you choose to reject this request or redact portions of responsive documents, I ask that you provide a detailed breakdown of the statutory exemptions and associated case law underlying your decision to withhold each/any portions from public review.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.
Sincerely,
Todd Feathers
View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/
If prompted for a passcode, please enter:
••••••••
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 157906
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
Best,
Jennifer Sereno (she, her, hers)
Assistant Deputy Secretary
Wisconsin Department of Workforce Development
201 E. Washington Ave.
Madison, WI 53703
Cell: (608) 400-2513
Jennifera.sereno@dwd.wisconsin.gov<mailto:Jennifera.sereno@dwd.wisconsin.gov>
[cid:image001.png@01DA81B8.8F251A70]<dwd.wisconsin.gov>
