Accesso all’algoritmo pubblico sviluppato da terzi e questioni di riservatezza nell’amministrazione digitale Nota a Tar Lazio Sez. III- Roma, 1 luglio 2020, n. 7526

The case note offers a comment on the decision of 1 July 2020 n. 7526 by the Tar Lazio regarding the request of access to a third-party developed algorithm employed by the Italian ministry of education for the management of the written tests in a public competition. The study contextualises the decision in the Italian administrative case law on the so-called “buona scuola” case, which equally deals with access requests regarding automated systems employed for public decision-making purposes. Against this backdrop, the analysis questions the relationship between transparency and automated administrative acts, taking into account the conflicting interests of governments’ open data policies and of developers’ commercial confidentiality over the information regarding algorithmicbased tools.