Benefits fraud detection system studies
| Submitted | March 6, 2024 |
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Communications
From: Todd Feathers
To Whom It May Concern:
Pursuant to the New Jersey Open Public Records Act, I hereby request records related to ID verification and unemployment fraud detection tools used by the department.
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, such 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 7 business days, as the statute requires.
Sincerely,
Todd Feathers
From: Department of Labor and Workforce Development
This email is to inform you that the NJ Department of Labor requires an additional 2 weeks to respond to your government records request as the Department is in the process of gathering information responsive to your request.
Should you have any questions, please let me know.
Thank you.
Mindy Gensler
Legal Liaison, Office of the Commissioner
P.O. Box 110
1 John Fitch Way
Trenton, NJ 08625
TEL: 609-376-5739 (PLEASE NOTE NEW PHONE NUMBER)
FAX: 609-633-9271
CELL: 609-940-2676
PLEASE NOTE: This electronic message contains information from the New Jersey Department of Labor, and may contain confidential or privileged information. If you are not the intended recipient, do not read, copy or use it or disclose it to others. If you have received this message in error, please notify the sender immediately and then delete it from your system. Thank you.
From: Department of Labor and Workforce Development
As a follow up to below, the NJ Department of Labor requires an additional week to respond to this request, or by 4/5/24, to gather the requested information and finalize our response.
Should you have any questions regarding same, please contact me.
Thank you.
Mindy Gensler
Legal Liaison, Office of the Commissioner
P.O. Box 110
1 John Fitch Way
Trenton, NJ 08625
TEL: 609-376-5739 (PLEASE NOTE NEW PHONE NUMBER)
FAX: 609-633-9271
CELL: 609-940-2676
From: Department of Labor and Workforce Development
This email is in response to your government records request for the following information:
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, such 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.
As to item 1, please see links below for the ID.me contracts that were entered since January 1, 2020:
Complete ID.ME Renewal Package for OITB_Redacted.pdf<https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:cf7e785d-bfd8-43c6-8030-3ad45c5257c5>;
2109811662-Quote-IDME-InitialPurchase_Redacted.pdf<https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:a91e5a05-8645-461c-8a0a-ff1ec50f3c99>;
ID.me Quote New Jersey LWD Q-02877-20210305_Redacted.pdf<https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:a99e320f-cbf9-41ae-aa89-1d7d416336c5>;
ID.me NJDLWD SOW Final v2 (1) (1)_Redacted.pdf<https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:32c3bd3e-d4d7-436b-9ac1-e4d38e3c2fed>;
ID ME 2nd PO#8912482 req 2109811662 (1)_Redacted.pdf<https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:531cea03-79ca-42ef-8f31-df7967b0ee20>;
ID.me PO (1)_Redacted.pdf<https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:be54ed0c-14c5-40b4-9de0-68c96cbaf1c6>;
ID ME Renewal PO 20-TELE-01512_1208 101322 (1)_Redacted.pdf<https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:126ff71c-388e-48f0-ad18-db95e77f5728>
* Pursuant to N.J.S.A. 47:1A-1 and 47:1A-1.1, the Department has redacted portions of the aforementioned documents that contain trade secrets and proprietary commercial information and information which, if disclosed, would give an advantage to competitors or bidders.
CC129 WaiverofAdvertising.pdf<https://urldefense.com/v3/__https:/acrobat.adobe.com/id/urn:aaid:sc:VA6C2:13e06a94-2861-412d-8712-fc47e36201cf__;!!AVdDjg!pa0L86GP36SmIHOj2zvRXzX1-Xke9NeWM6ingBbb4-UUiGMlDzOtzxGjbjSlU8QtYKOQ6hqPSRTOYAHwpc70JE8685U25IOpRW64$>;
ID.me Standard Terms and Conditions - signed.pdf<https://urldefense.com/v3/__https:/acrobat.adobe.com/id/urn:aaid:sc:VA6C2:406bd936-8e7b-44cf-af16-7954b4cc9054__;!!AVdDjg!pa0L86GP36SmIHOj2zvRXzX1-Xke9NeWM6ingBbb4-UUiGMlDzOtzxGjbjSlU8QtYKOQ6hqPSRTOYAHwpc70JE8685U25ASE2w8x$>;
ID.me Waiver Supplement to Standard Terms and Conditions - signed (1).pdf<https://urldefense.com/v3/__https:/acrobat.adobe.com/id/urn:aaid:sc:VA6C2:4ff1f301-8692-4134-b2f7-bab1dd7f9278__;!!AVdDjg!pa0L86GP36SmIHOj2zvRXzX1-Xke9NeWM6ingBbb4-UUiGMlDzOtzxGjbjSlU8QtYKOQ6hqPSRTOYAHwpc70JE8685U25FSuzYxF$>
IDME Waiver Justification.doc<https://urldefense.com/v3/__https:/acrobat.adobe.com/id/urn:aaid:sc:VA6C2:fdfec7e4-f50d-46df-8c4c-beeee3b36fe0__;!!AVdDjg!pa0L86GP36SmIHOj2zvRXzX1-Xke9NeWM6ingBbb4-UUiGMlDzOtzxGjbjSlU8QtYKOQ6hqPSRTOYAHwpc70JE8685U25FRM0Njp$>
In addition, please find the additional contracts for in person identification proofing:
Insight_ID.ME 20-TELE-01512_1208 012323_Redacted.pdf<https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:ae15388f-a489-46cf-a4bc-d81bb798efd7>;
Insight_ID.ME 20-TELE-01512_2128 100523_Redacted.pdf<https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:4b88f550-129d-4a69-a6f5-4890ecbfd828>;
Insight_ID.ME PO 20-TELE-01512_1160 092722_Redacted.pdf<https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:da1bba1b-f96e-4676-90e2-397abc8bb8c1>;
Insight_ID.ME 20-TELE-01512_1208 012323_Redacted.pdf<https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:ae15388f-a489-46cf-a4bc-d81bb798efd7>
* Pursuant to N.J.S.A. 47:1A-1 and 47:1A-1.1, the Department has redacted portions of this document that contain trade secrets and proprietary commercial information and information which, if disclosed, would give an advantage to competitors or bidders.
Regarding items 2 and 3, you have requested analyses of the accuracy of NJ DOL's fraud detection tools and whether the fraud detection tools disproportionately flag certain groups. The Department submits that this request asks for an evaluation and consideration of fraud detection tools for the benefit programs that the Department provides. Subject to the subsequent objections, the Department has no information responsive to this request. NJ DOL also submits that even if it had this information, these records may be protected as advisory, consultative, or deliberative involving internal evaluation and commentary on the efficacy of these tools, and thus, protected from disclosure under NJSA 47:1A-1.1.
In addition, NJ DOL objects to this request on the basis that this request is improper; which is to say, the request does not identify a specific record(s) to which you are seeking access. Rather, this request asks for information, that would require research and data compilation by the custodian. The New Jersey Open Public Records Act (OPRA) does not require an agency to answer questions, conduct research, compile data, or create records anew based on answers to questions, research conducted or data compiled. OPRA requires a party requesting access to a public record to specifically describe the document sought so that the records may be readily and reasonably identified within the short time frame within which government custodians must respond. See MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J.Super. 534 (App. Div. 2005), Bent v. Stafford Police Department, 381 N.J. Super. 30 (App. Div. 2005), New Jersey Builders Association v. New Jersey Council of Affordable Housing, 390 N.J. Super. 166 (App. Div.2007), and Spectraserv v. Middlesex County Utilities Auth., 416 N.J. Super. 565 (App. Div. 2010). Your request would require the custodian to "conduct research among its records...and correlate data from various government records in the custodian's possession." Such research and exercise of discretion is beyond the statutory ambit of OPRA. See Lagerkvist v. Office of the Governor of New Jersey, 443 N.J. Super. 230, 237 (App. Div. 2015); American Civil Liberties Union of New Jersey v. New Jersey Division of Criminal Justice, 435 N.J. Super. 533, 541 (App. Div. 2014).
Should you have any questions regarding this request, please contact me.
Mindy Gensler
Legal Liaison, Office of the Commissioner
P.O. Box 110
1 John Fitch Way
Trenton, NJ 08625
TEL: 609-376-5739 (PLEASE NOTE NEW PHONE NUMBER)
FAX: 609-633-9271
CELL: 609-940-2676
PLEASE NOTE: This electronic message contains information from the New Jersey Department of Labor, and may contain confidential or privileged information. If you are not the intended recipient, do not read, copy or use it or disclose it to others. If you have received this message in error, please notify the sender immediately and then delete it from your system. Thank you.
From: Todd Feathers
Hello Mindy,
Thank you for your help with this request. I'd like to ask one clarifying question:
Are you saying that the department has no documentation whatsoever of how accurate its fraud detection tools are?
Or are you declining to provide documents responsive to items 2 and 3 of my request based ont he objections you outlined?
Thank you,
Todd Feathers
From: Department of Labor and Workforce Development
The department declines to provide any information in response to items 2 and 3 below for the reasons stated previously and also because the fraud detection tools and analysis of same, are exempt from disclosure under NSJA 47:1A-1.1, which protect from disclosure security measures and surveillance techniques which, if disclosed, would create a risk to the safety or persons, property, electronic data or software.
Thank you
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