Digital Humanism: The Constitutional Message of the GDPR

Abstract

This paper aims to analyse the constitutional message of the GDPR in the algorithmic society. Although the GDPR does not formally have any constitutional character, it can be said to play a para-constitutional role from a functional point of view: it translates and implements core constitutional principles in the context of the algorithmic society. This paper traces the legislative origin of the GDPR’s framework on automated decision-making showing that it aims to enhance a series of key constitutional values, preserving human autonomy, increasing legal certainty, and providing more procedural safeguards. The paper finally highlights how the GDPR is promoting a constitutional message deeply rooted in a new form of ‘digital humanism’: a conception of the digital society where the human being and her dignity should resolutely outrank machines, technology and, ultimately, economic efficiency.

Keywords: artificial intelligence, GDPR, digital humanism, rule of law, human dignity, constitutionalism.