Artificial Intelligence, the Public Space, and the Right to Be Ignored

AI is capable of is occupying, patrolling, and even controlling the physical space. The issue of Artificial Face Recognition is only the most visible aspect of a much broader phenomenon, as computer vision empowers private and public entities to capture a great deal of information that is available in the public sphere in an unprecedented way, challenging how public law conceives public spaces. Despite significant differences, various legal orders are similarly concerned with this phenomenon, which is shifting the boundaries between what is private and what is public. This Chapter i) explains how, because of AI, public spaces are morphing into something new; ii) argues for the protection of anonymity; iii) demonstrates the failures of several contemporary theorizations of public places and that the standard privacy paradigm fails to provide sufficient protection; iv) proposes a new approach to the topic. Drawing from different legal orders, it ultimately argues for a reconceptualization of the public sphere in a way that mitigates the impact of AI on social life.