10 THE ITALIAN LAW JOURNAL NOS. 1-2 (2024)
Causes of Reflection on the Use of AI in Civil Justice
by Giuliana Amore and Maria Margherita Lazzara Paper focused on two particularly relevant profiles. The first focus is the relationship between the use of artificial intelligence (AI) in the process and the protection of personal data as referred to in the European Union General Data Protection Regulation (GDPR). Predictive justice is a kind of justice foreseen by algorithms that carry out calculations starting from large masses of data (big data), to find recurrences to forecast outcomes and distinguish systems of evidence. The second focus relates to the use of constitutional principles to give reasons for sentences, in compliance with the more general principle of the human in command which gave inspiration to Art 22 GDPR and the Artificial Intelligence Act. The paper highlights, in particular, the reasoning or motivation behind judicial civil sentences. It will deepen the considerable methodological expedients that are required to respect some of the principles of the Italian Constitution while using AI, so that due process remains under human control. DOI 10.23815/2421-2156.ITALJ ISSN 2421-2156
