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Without algorithmic transparency, there is no valid consent

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

 

Judgment here

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