Autodeterminazione informativa e trattamento algoritmico dei dati personali. Il caso del rating reputazionale

With ordinance n. 28358/2023, the Court of Cassation defines the merits of the dispute concerning a web platform aimed at developing “reputational profiles” of natural and legal persons, recognizing the lawfulness of the consent to the algorithmic processing of personal data given by the user and annulling the provision with which the Data Protection Authority had declared the illicit nature of the so-called reputational rating. The paper, after having retraced the entire judicial process, focuses first of all on the theoretical implications of the Court’s decision in relation to the so-called right to an explanation of the algorithm. Secondly, it focuses on the concrete applicability of algorithmic transparency, beyond the mere reproduction of the mathematical formula, offering a different interpretation than that provided by the Court.