Social security fraud ´tip line´ now open for business...

The "Fair Competition Reporting Point ", aka the Social Fraud Reporting Point, has been up and running since October 5th now. This is a central reporting point where citizens and companies can leave a message when they suspect that another citizen or company is committing social fraud.

Earlier, complaints about possible social security fraud would arrive in a dispersed manner to the various inspection services. By centralising them in a single point, namely at the Sociale Inlichtingen- en Opsporingsdienst (SIOD - Social Information and Investigation Service), the government says it hopes to be able to more effectively fight large-scale social dumping and organised social security fraud. An individual employee would also be able to make a report when he experiences problems with his compensation, working time or holiday. Later, organisations such as trade unions, employers´ organisations or the League for Human Rights should be able to report cases of social fraud as well.

The report is made by filling out a digital form via the website www.meldpuntsocialefraude.belgie.be.

A delicate point in setting up the reporting point was whether it should be possible to file a complaint anonymously. Ultimately this option was not offered. Anyone who submits a report will have to give their name, national register number and e-mail address. Companies must state their enterprise number and e-mail address.

Nevertheless, the responsible state secretary acknowledges that one will not systematically verify whether the data are fictitious or correct. Moreover, the identity of the reporting party can only be released by the inspectors when the reporting party has given his express approval for this. The reporting party can even indicate that he does not wish to be contacted for further clarification. Intentionally submitting false accusations or giving a false identity shall remain punishable acts, however.

That the identity of the reporting party is protected can be seen as understandable for various reasons (such as fear of reprisal). The question arises to what extent this is also done for the person who constitutes the object of the report and whose personal data are thus processed without his approval. In any event, this person will have to be able to exercise his legal privacy rights, such as the right of access, correction and objection (Personal Data Protection Act of 8 December 1992).   

For more information on this topic, you can consult Sara Cockx (practice group head).