La responsabilità da trattamento algoritmico dei dati alla luce della normativa europea e della giurisprudenza comunitaria e italiana

Artificial intelligence (Ai) systems unquestionably influence the daily life of contemporary society, thanks to a symbiotic, yet necessary, interaction with the external environment. The training methods of intelligent machines, which include self-learning based on continuous data collection, however, open up important issues of a technical-legal nature: from the onset of new risk configurations, related to the use of systems based on the Ai, to civil liability for the damage caused by them. In fact, the interaction of Ai system with the environment allows the system itself not only to influence it, but also and above all to modify it and make it new, in turn evolving on the basis of these interactions; a problem that concerns not only the legislative and legal spheres but also the social and political ones. The hypothesis generating damage, deriving from the interaction of the two environments, virtual and natural, is of fundamental speculative interest in the future scenario of law, where the right balance between ius condendum and massive growth of the phenomenon presupposes new interpretative canons capable of mediating between stringent regulatory needs and the speed with which technology evolves