First Tier Tribunal scrutinises use of AI by DWP

The First Tier Tribunal has heard a Freedom of Information Act (FOIA) appeal against the Department for Work and Pensions (DWP)’s refusal to disclose information about its use of AI to detect fraud and error in the benefits system.

The appeal, heard last week (30 May), challenged a decision by the Information Commissioners Office (ICO) to uphold the DWP’s refusal to disclose the information.

It is understood to be one of the first times the use of AI by a major government department has been scrutinised under FOIA.

According to Cornerstone Barristers, the appellant, Jake Hurfurt, a researcher at campaign group Big Brother Watch, requested disclosure under FOIA of any data protection impact assessments prepared by the DWP’s Integrated Risk and Intelligence Service (IRIS) relating to any use of profiling, machine learning or artificial intelligence.

The DWP refused that request but, following an internal review, decided that it could disclose redacted copies of the requested DPIAs. 

The Government Department withheld the remaining information under section 31(1)(a) of FOIA, “on the basis that disclosure would prejudice the prevention and detection of crime”, said Cornerstone.

The appellant complained to the Information Commissioner who upheld the DWP’s refusal. The appellant then appealed to the First Tier Tribunal.

Matt Lewin, a member of Cornerstone Barristers’ Information Law team, represented the Information Commissioner.

The Department for Work and Pensions and the Information Commissioner's Office have been approached for comment.

Lottie Winson