In a recent decision, the Supreme Court has ruled on the issue of lawfulness regarding judgments on the substance of cases involving artificial intelligence tools. This ruling – in the opinion of the author – highlights how the jurisprudential approach in this area has not yet reached a level of interpretive maturity.

In addition, some news  have disclosed the outcome of a research carried out on the algorithm used by a home delivery service provider, which has already been fined by the Italian Data Protection Authority, which allegedly revealed the constant operation of the rider geolocation system, even outside working hours. If these reports are confirmed, the inference can be drawn that in matters of artificial intelligence, the profile of transparency concerns not only the individual to whom the personal data involved relate but also the supervisory authorities and the overall system of protections.

The Mevaluate case

The Supreme Court decision referred to is No. 28358/23 of Oct. 10, 2023 regarding the Mevaluate case.

The affair originates from the launching, by the non-profit association Mevaluate, of a project having the aim of creating a reliable individual reputational rating on individuals, with their prior consent, in addition to that of private and public legal entities: so-called, “Mevaluate Reputational Rating.” The goal of the project is the creation of an online platform aimed primarily at counteracting artifactual or untrue reputational profiles through the determination of reputational rating of census subjects, calculated in an impartial and objectively measurable manner.

The rating considers five parameters for individuals:

• Negative items
  • Offenses
  • Defaults to the tax authorities
  • Disputes between private individuals
• Positive items
  • Labor/civil engagement
  • Education/training.

Each item is measured by certain scores, calculated from more than six hundred indicators.

The project, based on a specific algorithm that is the subject of a European patent application, refers to the Code of Universal Reputation (CRU)-in which the guiding principles are given-which contains the Rules for Determining the Mevaluate Reputational Rating, describing the operating procedures and rules of membership.

Several steps of judgment

The Mevaluate project has been the subject of multiple rounds of judgment, originally by the Italian Data Protection Authority, later, in the courts.