Dutch benefits agency illegally obtained passport photos to investigate welfare fraud
The Dutch Employee Insurance Agency (UWV) has been illegally requesting passport and ID photos from municipalities for years to investigate welfare fraud, according to internal documents obtained by AD. The newspaper reports that the agency continued the practice despite acknowledging internally that it was not lawful.
Internal documents reveal that the agency used the photos to monitor daily behavior. One observation report notes, “The dress with sandals was exchanged for black leggings, a white T-shirt, and sporty sneakers,” and “The distance walked was 3.43 kilometers in 1 hour and 17 minutes.” It remains unclear if the photos were used for other purposes.
In an internal message to more than 100 enforcement staff, a UWV team leader wrote, “Strictly speaking, obtaining a passport photo from municipalities is not legal.” Nevertheless, staff were allegedly instructed to acquire photos through indirect channels. The photos, submitted by residents when applying for passports or ID cards, were obtained without individuals’ knowledge and used by UWV to monitor benefit recipients, including those suspected of undeclared work.
Some municipalities cooperated with UWV's requests. Rotterdam and Amsterdam reportedly provided multiple photos annually. Delft and Den Bosch also shared photos, while Apeldoorn refused due to lack of legal basis. The municipality of The Hague is evaluating how many photos it shared. UWV maintains an internal list of municipalities that comply or refuse.
The union FNV criticized the practice, stating that employees were asked to act against proper procedures. Etienne Haneveld, FNV representative for UWV workers, said, “Some employees get stomach aches over this. Someone said, "I think municipalities should not give it, but I do not make policy. I can ask, and ‘no’ is also an answer.’”
Human rights lawyer Jelle Klaas warned of potential discrimination, saying, “A passport photo reveals a lot about a person. It gives your skin color, your age. That can lead to prejudice and problems. You did not give that photo to the government for this purpose.”
Dutch passport law allows only certain authorities, under strict conditions, to request citizens’ photos for criminal investigations or victim identification. Experts said UWV’s approach violates these rules. Former police data protection officer Ben van Hoek said, “Passport law is decisive. The law provides no opportunity to provide photos to UWV this way. Now it happens before any suspicion arises.”
UWV defended the practice, saying copies of ID photos are generally not held but may be requested in specific investigations. A spokesperson stated, “For example, if someone is too ill to work but there are suspicions they are fit or working without reporting it, UWV may investigate. If necessary, a copy of an ID with a photo may be requested from the municipality.” Internal documents reportedly show staff were encouraged to use social media via the Internet Research Center if municipalities refused, rather than complying strictly with the law.
Experts warn that this practice violates privacy law and risks misleading municipalities into unlawful data sharing. Van Hoek said, “Municipalities must know they cannot provide this information in this way. The situation is far over the line.”
