Diritti fondamentali e big data. I profili costituzionali della protezione dei dati personali tra diritto italiano e europeo

The dissertation aims to tackle the issues emerging by the use of big data analytics on fundamental rights. The attention focuses on the constitutional analysis of the fundamental right to the protection of personal data, and the goal is to compare the different approaches developed by EU law and national law on this topic. The first part gives a short introduction to the overall outline of the study, defining the structure and the methodology. After that, the second part provides a brief overview of the gist of the international and European data protection strategies, then it analyses on the national legal framework. In particular, the core of this chapter focuses on the approach developed by the Italian Constitutional Court about the issues concerning privacy and data protection. Furthermore, it pays precise attention to the many interests intertwined by personal data analytics and to the standards developed by the domestic constitutional case-law to balance the opposite prerogatives involved these processings. In light of the recent Italian case-law on the relation between the national and the European legal systems, the third part develops the evolution of the EU discipline on data protection. As first, it focuses on the first data protection package launched in the 90s. It then addresses the issues concerning the ongoing debate on the current EU strategies on data-governance, highlighting on the novelties introduced by the regulation 2016/679/EU. So doing, the study devotes particular attention the constitutionalization process of data protection in the supranational legal system. In particular, it focuses on article 8 of the Charter of Nice and article 16 TFEU. Finally, the last part provides a case study focused on the EUCJ case-law on data and fundamental rights. This section aims to address the issues emerging in this progressive shift of the constitutional guarantees on data protection towards the Luxemburg Court. In particular, the research focuses on the institutional dialogue developed between the EUCJ and the national constitutional courts on these themes. The work concludes providing some provisional disclosures on this complicate evolution of the EU technological constitutionalism, remarking on the contact points that animate this multilevel system of protection.