Legal Identity between Artificial Intelligence and the Rule of Law

The present research will address the complex purpose of  providing legal identity, included in the Sustainable Development Goal 16  which concerns  “peace, justice and strong institutions” in connection with the wide  issue  of Artificial Intelligence.  Furthermore, in a wider perspective the relevance of the principle of the rule of law also in this field must be underlined as the rule of law guarantees fundamental rights and values, allows the application of law, and supports an investment-friendly business environment. In this framework the principle of accountability plays a key role in the General Data Protection Regulation (GDPR) (art 25, para. 1): the data controller must account for the implementation of appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of the data processing. In the same way a decisive role to prevent and limit violations of human rights is played by the informed consent as the GDPR requires data controllers to justify the collection and processing of personal data on some lawful bases. Controllers can obtain the consent of data subjects to justify this collection of data, but a number of criteria must be fulfilled before the consent can be valid.