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Giuseppe Contissa and Giovanni Sartor

The introduction of highly automated technologies in socio-technical systems (STS) gives rise to new legal questions, especially as concerns liability for accidents, calling for new models of allocating decision-making tasks between humans and machines. We first discuss the relation between responsibility for the execution of a task and legal liability. Then we analyse the impact of automation in the allocation of liability within STS. In this regard, we present an actor-based analysis of liability allocation, taking account of the main types of liability, and in particular liability for software failures. In the final section of the chapter, we present the Legal Case, a methodology by which to analyse liability allocation in automated STSs and to assess the resulting legal risk for all actors involved.

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Claudio Di Cocco and Giovanni Sartor

This chapter analyses the development of the rights to privacy and data protection in Italian law. It shows how a fundamental right to privacy first emerged in Italian case law and legal doctrine through the interpretation of some provisions of the Italian Constitution. It then focuses on the evolution of the rights to privacy and data protection after the adoption of the 1996 Italian Data Protection Act, reviewing a range of cases involving privacy issues in different domains as well as the connections between privacy and multiple other interests and rights. It concludes by examining the influence of European courts on the Italian privacy debate and the main patterns of litigation in privacy cases. Keywords: privacy, dignity, data protection, identity, right to oblivion, employment relations, right to defence, freedom of expression, transparency, online marketing, video sharing.