Reputational scoring and the right to an explanation
This paper analyses Ordinance no. 28358 of 6 October 2023, whereby the Italian Court of Cassation ruled for the second time and definitively on the lawfulness of the processing of personal data carried out by the Associazione Mevaluate Onlus consisting in the automated processing of reputational pro...
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| Format: | Article |
| Language: | English |
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University of Bologna
2023-12-01
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| Series: | Labour & Law Issues |
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| Online Access: | https://labourlaw.unibo.it/article/view/18612 |
| _version_ | 1797385766918160384 |
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| author | Federico Galli |
| author_facet | Federico Galli |
| author_sort | Federico Galli |
| collection | DOAJ |
| description | This paper analyses Ordinance no. 28358 of 6 October 2023, whereby the Italian Court of Cassation ruled for the second time and definitively on the lawfulness of the processing of personal data carried out by the Associazione Mevaluate Onlus consisting in the automated processing of reputational profiles. The paper deals with the three legal questions addressed in the ruling, concerning (i) the information on the “executive scheme” of the reputational scoring system; (ii) the possibility of “per relationem” information to the data subject; (iii) the relationship between data subject’s consent to data processing and contractual clauses. The contribution will also analyse two hypothetical scenarios: (a) how the Court of Cassation could have decided if, instead of the Italian Privacy Code, the General Data Protection Regulation had been applicable to the Mevaluate case; (b) how the Court of Cassation could have decided if the rules currently being adopted at EU level on Artificial Intelligence had already been in force. |
| first_indexed | 2024-03-08T21:59:00Z |
| format | Article |
| id | doaj.art-734dcdc5c574484c9f5358ffde1a62a1 |
| institution | Directory Open Access Journal |
| issn | 2421-2695 |
| language | English |
| last_indexed | 2024-03-08T21:59:00Z |
| publishDate | 2023-12-01 |
| publisher | University of Bologna |
| record_format | Article |
| series | Labour & Law Issues |
| spelling | doaj.art-734dcdc5c574484c9f5358ffde1a62a12023-12-19T16:16:37ZengUniversity of BolognaLabour & Law Issues2421-26952023-12-0192609710.6092/issn.2421-2695/1861216971Reputational scoring and the right to an explanationFederico Galli0Università di BolognaThis paper analyses Ordinance no. 28358 of 6 October 2023, whereby the Italian Court of Cassation ruled for the second time and definitively on the lawfulness of the processing of personal data carried out by the Associazione Mevaluate Onlus consisting in the automated processing of reputational profiles. The paper deals with the three legal questions addressed in the ruling, concerning (i) the information on the “executive scheme” of the reputational scoring system; (ii) the possibility of “per relationem” information to the data subject; (iii) the relationship between data subject’s consent to data processing and contractual clauses. The contribution will also analyse two hypothetical scenarios: (a) how the Court of Cassation could have decided if, instead of the Italian Privacy Code, the General Data Protection Regulation had been applicable to the Mevaluate case; (b) how the Court of Cassation could have decided if the rules currently being adopted at EU level on Artificial Intelligence had already been in force.https://labourlaw.unibo.it/article/view/18612reputational scoringright to an explanationmevaluate“executive scheme”gdprai act |
| spellingShingle | Federico Galli Reputational scoring and the right to an explanation Labour & Law Issues reputational scoring right to an explanation mevaluate “executive scheme” gdpr ai act |
| title | Reputational scoring and the right to an explanation |
| title_full | Reputational scoring and the right to an explanation |
| title_fullStr | Reputational scoring and the right to an explanation |
| title_full_unstemmed | Reputational scoring and the right to an explanation |
| title_short | Reputational scoring and the right to an explanation |
| title_sort | reputational scoring and the right to an explanation |
| topic | reputational scoring right to an explanation mevaluate “executive scheme” gdpr ai act |
| url | https://labourlaw.unibo.it/article/view/18612 |
| work_keys_str_mv | AT federicogalli reputationalscoringandtherighttoanexplanation |