Tra protezione dei dati personali e accountability del giudice: spunti di riflessione dall’esperienza franco-belga

Between personal data protection and judge’s accountability: insights from the Franco-Belgian experience

Abstract

The recent creation of the Italian public database of trial courts’ decisions naturally leads scholars to look at foreign previous experiences to grasp problems and opportunities it may bring. Among the first, that of personal data protection, which the French legislator has extended to judges in a peculiar manner: that of criminalising judges’ profiling. Although the chosen solution seems ill-timed and inapplicable to the Italian system, the problem should not be underestimated. The aim of this contribution is therefore to highlight, also by taking cues from the most diverse countries and institutions, that profiling should not be banned, but regulated.

Keywords: Open data; Rapport Cadiet; Trial courts’ decisions; Judicial analytics; Judges’ profiling