Gianclaudio Malgieri

Vrije Universiteit Brussel | VUB

Understanding black box models has become paramount as systems based on opaque Artificial Intelligence(AI) continue to flourish in diverse real-world applications. In response, Explainable AI (XAI) has emerged as a field of research with practical and ethical benefits across various domains. This paper highlights the advancements in XAI and its app...

In this paper, we present a fundamental framework for defining different types of explanations of AI systems and the criteria for evaluating their quality. Starting from a structural view of how explanations can be constructed, i.e., in terms of an explanandum (what needs to be explained), multiple explanantia (explanations, clues, or parts of info...

Can satisfactory explanations for complex machine learning models be achieved in high-risk automated decision-making? How can such explanations be integrated into a data protection framework safeguarding a right to explanation? This article explores from an interdisciplinary point of view the connection between existing legal requirements for the e...

Purpose This study aims to discover the legal borderline between licit online marketing and illicit privacy-intrusive and manipulative marketing, considering in particular consumers’ expectations of privacy. Design/methodology/approach A doctrinal legal research methodology is applied throughout with reference to the relevant legislative framework...

This paper argues that if we want a sustainable environment of desirable AI systems, we should aim not only at transparent, explainable, fair, lawful, and accountable algorithms, but we also should seek for “just” algorithms, that is, automated decision-making systems that include all the above-mentioned qualities (transparency, explainability, fai...

Discussion about vulnerable individuals and communities spread from research ethics to consumer law and human rights. According to many theoreticians and practitioners, the framework of vulnerability allows formulating an alternative language to articulate problems of inequality, power imbalances and social injustice. Building on this conceptualisa...

Commerce in some data is, and should be, limited by the law because some data embody values and interests (in particular, human dignity) that may be detrimentally affected by trade. In this article, drawing on the Roman law principles regarding res extra commercium, we investigate the example of personal data as regulated under the EU Charter and t...

Commerce in some data is, and should be, limited by the law because some data embody values and interests (in particular, human dignity) that may be detrimentally affected by trade. In this article, drawing on the Roman law principles regarding res extra commercium, we investigate the example of personal data as regulated under the EU Charter and t...

The aim of this paper is to analyse the very recently approved national Member States’ laws that have implemented the GDPR in the field of automated decision-making (prohibition, exceptions, safeguards): all national legislations have been analysed and in particular 9 Member States Law address the case of automated decision making providing specifi...

Commerce in some data is, and should be, limited by the law (data extra commercium) because some data embody values and interests (in particular, human dignity) that may be detrimentally affected by trade. In this article, drawing on the Roman law principles regarding res extra commercium, we investigate the example of personal data as regulated un...

The right to data portability is one of the most important novelties within the EU General Data Protection Regulation, both in terms of warranting control rights to data subjects and in terms of being found at the intersection between data protection and other fields of law (competition law, intellectual property, consumer protection, etc.). It con...

This contribution aims to conciliate different legal frameworks regulating ‘user-provided personal content’, i.e. personal data valuable also in terms of Intellectual Property (IP) that is provided by data subjects to data controllers. This category of information lies at the interplay between personal data protection (i.e. the GDPR and the e-priva...

The commodification of digital identities is an emerging reality in the data-driven economy. Personal data of individuals represent monetary value in the data-driven economy and are often considered a counter performance for "free" digital services or for discounts for online products and services. Furthermore, customer data and profiling algorithm...

This article offers a new perspective on the boundaries between health and non-health data in the age of ‘Quantified-Self’ apps: the ‘data-sensitiveness-by-computational-distance’ approach-or, more simply, the ‘sensitive-by-distance’ approach. This approach takes into account two variables: the intrinsic sensitiveness (a static variable) of persona...

Article E 8, European Convention on Human Rights - Right to respect for private and family life 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary i...

Key Points • It is necessary to find a balance between data protection rights and trade secret rights on customer information in the European Union (EU) framework: the right to access to personal data and the new proposed right to ‘data portability’ conflict with the interests of trade secret holders. • Balancing rules in data protection law and t...

This paper attempts to find a much-needed balance between data protection rights and trade secret rights on customer information in the European Union framework. Our analysis proposes a “shared management” of secret data between businesses and customers based on an operation of de-contextualization of customer databases.Several rights are in confli...