La privacy e il controllo dell'identità algoritmica

This Article aims to answer to the following question: Is the Data Protec- tion Law able to protect data subject from the novel risks of inferential analytics in automated decision-making? As a matter of fact, AI, by me- ans 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 interpre- tation, 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 ma- sterly reconstruction theory.