Intelligenza Artificiale e trattamento dei dati tra diritto internazionale e ordinamenti interni

This article examines the legal implications of using both personal and non-personal data in the training of artificial intelligence (AI) systems, focusing in particular on the role of international law and its interaction with domestic legal systems. While legal frameworks have traditionally centred on the protection of personal data, the author highlights the inadequacy of this paradigm in the context of machine learning, which primarily relies on non-personal data and inferential techniques targeting indistinct groups of individuals. The article stresses the growing need to recognize collective forms of protection, moving beyond the individual-centric approach of data regulation. After surveying recent unilateral regulatory developments – especially in the European Union, the United States, China, Japan, and Canada – as well as multilateral initiatives promoted by the United Nations, G7, and the Council of Europe, the author underscores the importance of interpretive strategies and the principle of technological neutrality. These tools are seen as essential for adapting existing legal categories to the new challenges posed by AI. The central thesis is that specific new rules are not always required; rather, a dynamic and technologically agnostic application of existing legal frameworks may suffice.