Constitutional Law in the Algorithmic Society

Abstract

Technologies have always led to turning points in society. In the past, technological developments have opened the door to new phases of growth and change, while influencing social values and principles. Algorithmic technologies fit within this framework. These technologies have contributed to introducing new ways to process vast amounts of data. In the digital economy, data and information are fundamental assets which can be considered raw materials the processing of which can generate value. Even simple pieces of data, when processed with a specific purpose and mixed with other information, can provide models and predictive answers. These opportunities have led to the rise of new applications and business models in a new phase of (digital) capitalism, as more recently defined as information capitalism. Although these technologies have positive effects on the entire society since they increase the capacity of individuals to exercise rights and freedoms, they have also led to new constitutional challenges. The opportunities afforded by algorithmic technologies clash with their troubling opacity and lack of accountability, in what