The Rule of Law and Algorithms

The purpose of the paper is to investigate the doctrine of the Rule of Law in the algorithmic environment, exploring how the expertise of constitutional law might address the legal issues raised by these technologies.
As a premise, this study considers the normative power of algorithms, in order to stand out the regulatory logic underlying to these tools. Secondly, it examines the principles of the Rule of Law more involved in this technological revolution, focusing in particular on equality, due process, and fair trial. Finally, according to this framework, it offers a brief outline of some new solutions introduced by the new EU GDPR, drawing the attention to the protections by design and by default and to the data protection impact assessment.
The aim of the contribution, rather than offer a detailed analysis of the different legal remedies, is to foster the reflection on the design of these systems, stressing the need for more constitutionally oriented algorithms.