Protezione dei dati personali e uso degli algoritmi. Indagine a partire dalla prassi: la dimensione europea

The essay hereto aims at outlining useful guidelines for future regulation of algorithms and artificial intelligence, starting from the analysis of some reference acts from independent authorities guaranteeing the protection of personal data in the European sphere, furthermore looking at the contribution they have provided to the regulatory framework and assessing whether the indications provided by them on the subject have been incorporated in the regulations proposed by the European political institutions. Some acts of the European Data Protection Supervisor (EDPS) and the Commission Nationale de l’In-formatique et des Libertés (CNIL) will be analyzed, such as EDPS opinion n. 4/2020 on the white paper of the European Commission concerning AI, the EDPS opinion on the proposal for the Digital Services Act regulation, the CNIL report on ethical issues raised by AI and some decisions of the French National Commission with reference to algorithmic decisions and the use of facial recognition devices: these are acts which have played a key role in the creation of a new “European algorithmic Constitutionalism”.