La Privacy e il controllo dell’identità algoritmica
Sommario: 1. “Reinventare” la privacy. – 2. Data Protection e Data Analytics. – 3. Le inferenze valutative e predittive. – 4. Data Protection e Algo-Created Data. – 5. L’identità della persona digitale. – 6. Il diritto a inferenze ragionevoli. – 7. Il design giuridico dell’infosfera.
Abstract
This Article aims to answer to the following question: Is the Data Protection Law able to protect data subject from the novel risks of inferential analytics in automated decision-making? As a matter of fact, AI, by means of Big Data analytics, draw non-intuitive inferences and predictions about individuals, which pose the greatest risks in terms of privacy and discrimination. Despite that, GDPR does not address the issue expressly. This Article argues that, in light of a systematic and axiologic interpretation, GDPR grants individuals meaningful control over the algorithmic process that reshapes their identity as digital persons. In particular, a right to reasonable inferences must be derived from the right to privacy, as a tool aimed to protect identity, according to Stefano Rodotà’ s masterly reconstruction theory.