Tecniche biometriche e trattamento dei dati. Il caso Clearview AI: l'avamposto di una rivoluzione pacifica

The relationship between theory and practice as a specific trait of a theory of law based on concrete normative responses means that sometimes a case concerning individual rights and subjective interests at stake can be a lens for the interpreter to penetrate the relevant legal questions and, therefore, a number of core-issues for the philosophical-legal analysis. The essay elects the Clearview affair as a privileged observatory of the critical profiles that concerns data protection, examining this topic in its heuristic value in relation to the complexity of the ethical, social and political context challenges whose technology of development invests the legal universe. The contribution highlights how - within the chamber of tension existing between a "personalistic" view on data privacy as a prerequisite for data protection, on the one hand, and a "data-centric" approach, on the other - the Clearview case renews the idea that the right to privacy protection, understood in its complexity, is rooted ni the role of the Supervisory Authority. This paradigm of protection makes possible,against "extractive capitalism"', what Stefano Rodotà called the "Quiet Revolution".