La tutela della privacy e dell’identità personale nel quadro dell’evoluzione tecnologica

The paper traces the genetic and permanent connection between technological progress and the two rights to personal identity and privacy, focusing on the current European and national legislation. In this context, two main aspects emerge: on the one hand, certain criticisms of the GDPR in the ordinary relationships between the data controller and the data subject and, on the other hand, a structural inadequacy of the regulatory act in the presence of big data and their algorithmic processing, especially by the big companies of internet, which have now assumed, thanks to the data they possess, a power that allows them to deal with sovereign states as their equal. To this end, the essay indicates some possible solutions, both de jure condito, such as the use of antitrust and consumer protection legislation, and de jure condendo, such as the implementation of art. 80 of the GDPR and the regulation proposals presented by the Commission as part of the European Data Strategy.