Thursday, 12 October 2023

When privacy rules protect fraudsters

 

 
I was recently contacted with what I thought was a simple request: could I check the Oxford University Gazette to confirm that a person, X, had undergone an oral examination (viva) for a doctorate a few years ago. The request came indirectly from a third party, Y, via a colleague who knew that on the one hand I was interested in scientific fraud, and on the other hand, that I was based at Oxford.

My first thought was that this was a rather cumbersome way of checking someone's credentials. For a start, as Y had discovered, you can consult the on-line University Gazette only if you have an official affiliation with the university. In theory, when someone has a viva, the internal examiner notifies the University Gazette, which announces details in advance so that members of the university can attend if they so wish. In practice, it is vanishingly rare for an audience to turn up, and the formal notification to the Gazette may get overlooked.

But why, I wondered, didn't Y just check the official records of Oxford University listing names and dates of degrees? Well, to my surprise, it turned out that you can't do that. The university website is clear that to verify someone's qualifications you need to meet two conditions. First, the request can only be made by "employers, prospective employers, other educational institutions, funding bodies or recognised voluntary organisations". Second, "the student's permission ... should be acquired prior to making any verification request".

Anyhow, I found evidence online that X had been a graduate student at the university, but when I checked the Gazette I could find no mention of X having had an oral examination. The other source of evidence would be the University Library where there should be a copy of the thesis for all higher degrees. I couldn't find it in the catalogue. I suggested that Y might check further but they were already ahead of me, and had confirmed with the librarian that no thesis had been deposited in that name.

Now, I have no idea whether X is fraudulently claiming to have an Oxford doctorate, but I'm concerned that it is so hard for a private individual to validate someone's credentials. As far as I can tell, the justification comes from data protection regulations, which control what information organisations can hold about individuals. This is not an Oxford-specific interpretation of rules - I checked a few other UK universities, and the same processes apply.

Having said that, Y pointed out to me that there is a precedent for Oxford University to provide information when there is media interest in a high-profile case: in response to a freedom of information request, they confirmed that Ferdinand Marcus Jr did not have the degree he was claiming.

There will always be tension between openness and the individual's right to privacy, but the way the rules are interpreted mean that anyone could claim they had a degree from a UK university and it would be impossible to check this. Is there a solution? I'm no lawyer, but I would have thought it should be trivial to require that on receipt of a degree, the student is asked to give signed permission for their name, degree and date of degree to be recorded on a publicly searchable database. I can't see a downside to this, and going forward it would save a lot of administrative time dealing with verification requests.

Something like this does seem to work outside Europe. I only did a couple of spot checks, but found this for York University (Ontario):

"It is the University's policy to make information about the degrees or credentials conferred by the University and the dates of conferral routinely available. In order to protect our alumni information as much as possible, YU Verify will give users a result only if the search criteria entered matches a unique record. The service will not display a list of names which may match criteria and allow you to select."

And for Macquarie University, Australia, there is exactly the kind of searchable website that I'd assumed Oxford would have.

I'd be interested if anyone can think of unintended bad consequences of this approach. I had a bit of to-and-fro on Twitter about this with someone who argued that it was best to keep as much information as possible out of the public domain. I remain unconvinced: academic qualifications are important for providing someone with credentials as an expert, and if we make it easy for anyone to pretend to have a degree from a prestigious institution, I think the potential for harm is far greater than any harms caused by lack of privacy. Or have I missed something? 

 N.B. Comments on the blog are moderated so may only appear after a delay.


P.S. Some thoughts via Mastodon from Martin Vueilleme on potential drawback of directory: 

Far fetched, but I could see the following reasons:

- You live in an oppressive country that targets academics, intellectuals
- Hiding your university helps prevent stalkers (or other predators) from getting further information on you
- Hiding your university background to fit in a group
- Your thesis is on a sensitive topic or a topic forbidden from being studied where you live
- Hiding your university degree because you were technically not allowed to get it (eg women)

My (DB) response is that I think that in terms of balancing probabilities of risks against the risk of fraudsters benefiting from lack of checking, the case for the open directory is strengthened, as these risks seem very slight for UK universities (at least for now!). And the other cost/benefit analysis is of finances, where an open directory would seem superior; i.e. it costs to maintain the directory, but that has to be done anyhow, Currently there are extra costs for people who are employed to respond to requests for validation.

4 comments:

  1. We've had similar requests at ENS, including for a high-profile case of suspected fraud. And we had similar misgivings about personal data protection. Current policy is: show us a copy of the diploma provided by the alleged former student, and we will check its authenticity.
    Franck

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    1. Thanks Franck. When you say "similar misgivings" do you mean you had misgivings about making the information public, or misgiving about the restrictions that arose because of data protection rules?

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  2. Interestingly, for PhD, we have this national, freely accessible database: https://www.theses.fr/
    I don't know why PhDs are treated as an exception. Maybe the public status of research?

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  3. The same is more or less the case in The Netherlands. An exception is Wageningen University. This university has scanned manually all PhD theses which were not yet available as a digital copy. Anyone has free access to https://library.wur.nl/WebQuery/wda?dissertatie/nummer=*

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