Intelligenza artificiale e tutela dei dati personali. Quali riflessi sulla giustizia predittiva?

The paper offers a preliminary analysis of the Artificial Intelligence phenomenon, with particular reference to its application to the field of justice and of its technical characteristics. Then, the paper focuses on the issues of personal data processing, actually amended by Regulation (EU) 2016/679 (GDPR). In the digital era, the fundamental right to high level of personal data protection is relevant to ensure the respect of other fundamental rights involved in the personal data processing. It’s for this reason that GDPR’s main purpose is to encourage personal data transfer granting data subjects’ protection from any abuse and control over their own personal data. Nevertheless, the use of AI with its specific characteristics (opacity, complexity, autonomous behavior) and the Biga Data Analysis used for AI development prejudice compliance with the principles of Article 5(1) GDPR and can adversely affect a number of fundamental rights, as a result. Therefore, the paper discusses and verifies whether the rules provided for by GDPR still grant effective protection of the individual with also regard to the issues of judicial decision processing by AI systems.