Dati, nuove tecnologie e Pubblica Amministrazione: nuove sfide e forme di tutela

This dissertation, intends to comprehensively analyze the problematic issues concerning the protection of personal data and the new challenges of Artificial Intelligence, it is deemed preeminent to start from the beginning by conducting an introduction on the concepts of privacy, right to privacy and protection of personal data. The scope of privacy is broad and has become concrete and dynamic especially with the advent of new technologies. The process of flat-forming the public sphere requires a "re-ontologizing of the general categories of law" through the creation of a new digital constitutionalism by redefining the principles and rules of infrastructure in order to ensure democratic relationality. Even in the public sector, therefore, there is a need for a reshaping of the main categories of constitutional law in order to broadly embrace the ever-evolving field of technology. The general categories should not be set aside but only reshaped in light of the new European requirements and regulations that strongly influence our legal system. In other words, a new approach to technology through an innovative course of action that takes into account the authority-freedom relationship must be taken into account. Cutting-edge technologies such as artificial intelligence systems, new connections, and the Web have created totally innovative market contexts that continue to mark the role of the human being. It can be concretely said that even the public administration is undergoing the evolution of technology while still trying, with difficulty, to play its role as "controller." Ultimately, the weakness of one of the factors of technological development identified in the interconnection between platforms, algorithms and data may dequotare the soundness of the new administration. Therefore, it is necessary to take into account in all the specific areas analyzed in this paper the importance of balancing the conflicting interests at stake, in light of a balancing act between the genuine requirements of good administration on the one hand and the needs for simplification through the use of new technologies on the other.