Balancing AI and privacy: cross-border Perspectives

The objective of this paper is to provide an overview of the prevailing trends observed within common law and civil law systems concerning the protection of personality rights in relation to the utilization of artificial intelligence (AI) systems. Specifically, the aim is to accentuate the divergent approach adopted by legal practitioners within the American and Italian legal systems when the absence of specific regulatory provisions requires distinct legal reasoning, resulting in disparate resolutions for specific cases. The equilibrium between rights now deemed indispensable, such as the regulation of personal data, circulation, and the promotion of technology to advance economic progress within these systems, has now been entrusted to the discretion of the courts. A comparative analysis of the various interpretative criteria reveals contrasting methodologies that typify the respective legal systems.