Algorithmic Decisions and Transparency: Designing Remedies in View of the Principle of Accountability

by Michael W. Monterossi

The lack of explainability of algorithms’ decision-making processes raises numerous issues, both when used by the public administration and private subjects. The Council of State has intervened in this matter, by establishing some principles to be followed when using automated IT systems in executing administrative activity. However, these principles, to some extent, have been pondered in the 2016 EU General Data Protection Regulation. The pivotal point towards which the legal discussion is heading regards the necessity to develop algorithms in a manner that renders their decisions transparent. In this respect, the principle of accountability, as foreseen by the Regulation, may acquire ever more relevance, as a tool for re-adapting the rules governing diverse areas of Private Law to the new ‘smart’ technological scenario.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

 Read the full article