Google UI fraud data and policies
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| Submitted | June 12, 2023 |
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Communications
From: Todd Feathers
To Whom It May Concern:
Pursuant to the Wisconsin Open Records Act, I hereby request the following records:
1) All instruction manuals, handbooks, and policies provided to department employees regarding the use of the department's machine learning unemployment benefits fraud detection system (see: https://statescoop.com/googles-ai-helped-wisconsin-clear-unemployment-backlog/).
2) Aggregate, de-identified data showing how many unemployment benefit claims the system flagged as having at least one indicator of fraud each week since the department's machine learning unemployment benefits fraud detection system was launched.
3) Aggregate, de-identified data showing how many unemployment benefit claims were submitted, approved, and denied in each week since Jan. 1, 2018.
4) Aggregate, de-identified data showing how many unemployment benefit claims were investigated for potential fraud in each week since Jan 1, 2018.
5) Aggregate, de-identified data showing how many unemployment benefit claims were confirmed as fraudulent after investigation each week since Jan. 1, 2018.
I ask that all fees be waived as I am a journalist and intend to use the requested records to publish articles in the public interest. In the event you choose to impose fees, I request a detailed breakdown of the fees, including the hourly wage of each employee involved and an explanation justifying the employee hours required to fulfill the request.
Should you choose to reject this request or redact portions of it, 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.
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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 June 12, 2023. 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 June 12, 2023. 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
Mr. Feathers:
I am writing in response to your June 12, 2023, request for the following:
1) All instruction manuals, handbooks, and policies provided to department employees regarding the use of the department's machine learning unemployment benefits fraud detection system (see: https://statescoop.com/googles-ai-helped-wisconsin-clear-unemployment-backlog/).
2) Aggregate, de-identified data showing how many unemployment benefit claims the system flagged as having at least one indicator of fraud each week since the department's machine learning unemployment benefits fraud detection system was launched.
3) Aggregate, de-identified data showing how many unemployment benefit claims were submitted, approved, and denied in each week since Jan. 1, 2018.
4) Aggregate, de-identified data showing how many unemployment benefit claims were investigated for potential fraud in each week since Jan 1, 2018.
5) Aggregate, de-identified data showing how many unemployment benefit claims were confirmed as fraudulent after investigation each week since Jan. 1, 2018.
The Department's response to each of your requests is below.
Request 1: All instruction manuals, handbooks, and policies provided to department employees regarding the use of the department's machine learning unemployment benefits fraud detection system (see: https://statescoop.com/googles-ai-helped-wisconsin-clear-unemployment-backlog/).
The Department has identified some records responsive to your remaining requests. However, 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.
As mentioned in the press release cited in your request, DWD worked with Google to use predictive analytics to shorten adjudication decision-making. In doing this, DWD used a rules-based analytics engine to identify claims with a low risk of improper payment, including using fraud detection and identification service scans to identify potentially fraudulent claims based on key indicators. Sharing information about how this predictive model worked would give the public enormous 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 these records could ultimately be used to circumvent the law, the Department determined that the public interest in preventing the release of instruction manuals, handbooks, and policies provided to department employees regarding the use of the department's machine learning unemployment benefits fraud detection system outweighs the public interest in disclosure of those records. 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.
Requests 2-5:
The Unemployment Insurance Division (UI) does not maintain records that contain the information in the format you are requesting. To provide the information you are requesting, UI would have to extract the data from the individual records and compile it into a new format. With limited exceptions, Wis. Stat. § 19.35(1)(L) provides that a records custodian is not required to create a new record by extracting information from an existing record and compiling the information in a new format to respond to an open records request. Therefore, the Department will not be providing the information you requested.
If you believe your records request has been improperly denied, you may have a right to have the determination reviewed by mandamus order under Wis. Stat. § 19.37(1)(a) or by application to the attorney general or district attorney, pursuant to Wis. Stat. § 19.37(1)(b).
Thank you,
John Dipko
Communications Director
Wisconsin Department of Workforce Development
Mobile: (608) 590-7868
201 E. Washington Ave.
Madison, WI 53703
Johna.Dipko@dwd.wisconsin.gov<mailto:Johna.Dipko@dwd.wisconsin.gov>
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