Italy: Supreme court ruling restricting validity of consent to algorithmic data processing

The Italian Supreme Court of Cassation rules that informed consent can not be given to automatised data processing by an algorithm unless the person is adequately informed on the functioning of the algorithm. It is thus required that the algorithm is transparent for the consent to be valid and for it to justify automated data processing (as in GDPR Art. 22). This is in line with the GDPR`s right for persons to receive meaningful information on the logic used in, as well as the importance and expected consequences of data processing.