IT Court of Cassation ruled that consent is not valid if the individual is subject to an ADM system that may influence their rights if s/he is not adequately informed about the logic behind it
The Italian Data Protection Authority had ordered suspend the implementation of a reputation rating system Mevaluate in 2016. A court in Rome partially ruled in favour of the company, but the Court of Cassation quashed the judgment.
The system consisted of a web platform and an IT archive. It collected and processed #personaldata from documents uploaded voluntarily to the platform by the users or collected by the company from the web. Through an algorithm, the system would then assign a ‘reputational rating’, i.e., alphanumeric indicators capable of measuring the reliability of individuals in the economic and professional fields.
The Court of Cassation considered that
– DS must be informed about the essential elements of the processing for consent to be valid
– adhering to a platform does not also imply the acceptance of an automated system that makes a score of DS using their PD if they are not aware of the ‘executive scheme’ (i.e. the logic involved) and the constitutive elements of the #algorithm
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