Gestione del rischio digitale nella Pubblica Amministrazione: una prospettiva giuridica della cybersicurezza.

The digital transition of the Italian Public Administration is a central topic in contemporary debate. It is a topic that directly affects the lives of citizens, the country's competitiveness, and the very quality of administrative action, which is inevitably affected by the transformations imposed by technological advances. This phenomenon is further growing, also based on the use of funds from the National Recovery and Resilience Plan. With this in mind, the PNRR allocates approximately € 6.14 billion in resources to support these interventions (Mission 1, entitled "Digitalization, Innovation, and Security in the Public Administration" - M1C1). The historical difficulty of adapting and adapting to the digitalization of the public administration is still evident today: although significant progress has been made, critical issues remain related to the poor interoperability of information systems, the lack of widespread digital skills among staff, and the need for unified and coherent governance. However, this debate often fails to consider the critical issues and risks that this transition entails: the progressive elimination of analog media makes administrative action more efficient, but it also exposes it to unprecedented vulnerabilities: hacker attacks, accidental data loss, system crashes, and malfunctions due to human error or technical failures. Added to this are more complex issues, such as algorithmic legality, which questions administrative law's compliance with the principles of transparency, impartiality, and reasoning in the case of automated or semi-automated decisions. Digital public services offered by the Public Administration, whether new or the result of abandoning analog tools, must be reliable and secure to realize their full potential, thus fostering citizen trust. Therefore, the risk arising from the use of digital infrastructures and ICT tools remains in the background. Digital risk, associated with the digital transition of public administration, falls within the scope of the so-called risk society. After providing a legal framework for the digital transition of Italian public administrations in the first chapter and linking it to the general principles of administrative law, the thesis focuses in the second chapter on the risks inherent in this transition. Indeed, the digitalization of public administrations is undoubtedly a fundamental element for the country's growth and for improving the quality of many public services. However, for more comprehensive and informed protection, this requires a solid and adequate legal framework. This is the primary perspective on which the research focuses, with the aim of understanding, as will be explored in particular in the third chapter, whether and how cybersecurity can constitute the paradigm capable of reconciling different needs: modernization, efficiency, transparency, and the protection of fundamental rights. Cybersecurity therefore becomes the tool for enabling and safeguarding an effective digital transition in compliance with relevant principles, including constitutional ones.