Mito del consenso e rating reputazionale

The Supreme Court of Cassation overturned a decision with which the authority for the protection of personal data had prohibited the implementation of a reputational rating system. The authority had highlighted possible conflicts with the dignity of the person and rules on the processing of personal data. The Supreme Court also focused on the requirement of freedom of consensus, with particular reference to the transparency of the algorithm that governs the rating. This is a critical point because a right to explanation, even if theoretically conceivable, does not always represent an effective remedy. Given recent developments, such as the ruling of the Court of Justice of the European Union of 7 December 2023 on credit scoring, a more systematic interpretation of the critical points relating to the case is proposed.