The aim of the essay is to define the impact of algorithmic mediation on the dynamics of administrative transparency. The essay starts from the notion of administrative transparency as a condition that enables comprehensibility. Transparency differs from the mere knowledge of information (which is still necessary), since it involves a further step: a mediation that allows data to become comprehensible and meaningful. On this basis, the essay identifies and analyzes three basic schemes for achieving transparency, which are built on the player entrusted with the mediation: the citizen itself, the administration, or a third party-mediator. The essay also highlights how the Italian legal system finalizes each of the three mediation schemes, testing the juridical tools of transparency: mandatory proactive disclosure and Foia-like right to access public information. Finally, the essay analyzes the interaction between each of the transparency schemes and the so called “algorithmic mediation” provided by social networks, search engines and other dominant ISP. This allows to highlight how algorithmic mediation undermines the criteria that entitles the access, use and reuse of data held by public administration for transparency purposes, in line with EU and national law on processing of personal data (namely GDPR and legislative decree n. 97/2016).
La mediazione informativa nel regime giuridico della trasparenza: spunti ricostruttivi
Benedetto Ponti
2019
Abstract
The aim of the essay is to define the impact of algorithmic mediation on the dynamics of administrative transparency. The essay starts from the notion of administrative transparency as a condition that enables comprehensibility. Transparency differs from the mere knowledge of information (which is still necessary), since it involves a further step: a mediation that allows data to become comprehensible and meaningful. On this basis, the essay identifies and analyzes three basic schemes for achieving transparency, which are built on the player entrusted with the mediation: the citizen itself, the administration, or a third party-mediator. The essay also highlights how the Italian legal system finalizes each of the three mediation schemes, testing the juridical tools of transparency: mandatory proactive disclosure and Foia-like right to access public information. Finally, the essay analyzes the interaction between each of the transparency schemes and the so called “algorithmic mediation” provided by social networks, search engines and other dominant ISP. This allows to highlight how algorithmic mediation undermines the criteria that entitles the access, use and reuse of data held by public administration for transparency purposes, in line with EU and national law on processing of personal data (namely GDPR and legislative decree n. 97/2016).I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
