Il diritto all’oblio alla prova dell’intelligenza artificiale: dal diritto alla deindicizzazione al diritto al de-addestramento?

Synopsis

The chapter examines the evolution of the right to be forgotten in light of the challenges posed by artificial intelligence, with particular reference to the interaction between the GDPR and the AI Act. It explores the legal issues arising from the relationship between the conditions of lawfulness of processing and the right to erasure, as well as the temporal scope of erasure (ex nunc or ex tunc). These questions are applied to the deletion of training data and outputs generated by AI models. The analysis also considers technical and legal measures aimed at ensuring the effectiveness of this right, including machine unlearning and output filtering, proposed as new forms of oblivion designed to safeguard human dignity and personal identity in the digital age.

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Published

February 26, 2026