Papers by elisa spiller
Clinical and Translational Imaging
Whether this data availability is technologically shaped as data pooling or as federated learning... more Whether this data availability is technologically shaped as data pooling or as federated learning is not decisive for our argument here. The draft regulation of the European Commission for one European Health Data Space (EHDS) categorizes this all under secondary use of data. See: European Commission, 'Proposal for a Regulation of the European Parliament and of the Council on the European Health Data Space', COM(2022)197/final, 03.05.2022, Strasbourg art. 34(1)(g) and (h) (https:// health. ec. europa. eu/ publi catio ns/ propo sal-regul ationeurop ean-health-data-space_ en).
HAL (Le Centre pour la Communication Scientifique Directe), Oct 18, 2022
The SESAR Advanced Engine-off Navigation project (AEON) aims at exploring the reduction of ground... more The SESAR Advanced Engine-off Navigation project (AEON) aims at exploring the reduction of ground operations environmental impact based on the use of three classes of greener taxiing solutions: singleengine taxiing solutions, hybrid towing taxiing solutions and electric engine solutions. This approach requires a novel concept of operation and new support tools for sustainable airport ground operations to cope with the additional vehicles on the ground to tow aircraft, discrepancies between aircraft in terms of ground speed according to the taxiing technique and the management of the fleet of towing vehicles. In this paper we first describe the motivation and the context of the project. We then introduce the AEON concept of operation that includes a new role responsible for the supervision of towing vehicles. We also articulate the architecture of our solution and describe three inter-operating support tools: (1) an optimization tool to estimate the number of necessary tugs and assign them to the aircraft before the operations; (2) a multiagent path planning system providing real-time, conflict-free routes including speed profiles to maximize capacity as well as fuel efficiency. (3) Human-Machine Interfaces for supporting Air Traffic Controllers and the Tug Fleet Manager to control and supervise the whole traffic. Then, we present the validation activities including an evaluation with Air Traffic Controllers using realistic real-time simulations on the Paris Charles de Gaulle airport. Finally, we conclude with a discussion on how this concept could impact on a number of key performance indicators (KPA), such as human performance, safety, capacity, environmental impact and proactive liability allocation in case of an accident.
La tesi si propone di affrontare le questioni legate all'impatto dei big data sui diritti fon... more La tesi si propone di affrontare le questioni legate all'impatto dei big data sui diritti fondamentali, concentrando l'attenzione sulla funzione costituzionale del diritto alla protezione dei dati personali nel contesto italiano ed europeo. Dopo aver dato conto del percorso svolto dal diritto internazionale ed europeo per definire i fondamenti di tale disciplina e le implicazioni costituzionali delle garanzie che propone, viene esaminato con particolare attenzione il quadro normativo interno, analizzando come il Giudice delle leggi e il legislatore nel tempo abbiano affrontato il rapporto tra diritti e informazioni. Specifica attenzione è rivolta soprattutto all'individuazione dei molteplici interessi intercettati da questa disciplina e ai criteri di bilanciamento da essa indicati per procedere alla ricomposizione dei conflitti tra prerogative confliggenti. L'analisi si sofferma inoltre sul sistema di tutele elaborato a livello comunitario, concentrandosi inizialment...
Le implicazioni giuridiche della ricerca genetica. Spunti dal Genetic Information Non discrimination Act
In the last two decades genetic research achieved very significant results. In 2015, only few yea... more In the last two decades genetic research achieved very significant results. In 2015, only few years since the completion of the Human Genome Project, scientists launched new experimental studies to genetically modify the DNA sequence of human embryos. These scientific advances have raised several ethical concerns, promoting issues that involve both natural and human science– including legal studies. Law and ethics frequently have to address the issues originated from these innovations and finding a common toolset often proves to be an arduous task. Genetics has a transnational dimension, experiences a continuous and rapid evolution and spreads new unfamiliar concepts, which ask to be integrated in social and legal culture. Analyzing the path that conducted the US Congress to approve the Genetic Information Nondiscrimination Act of 2008, this essay assesses the most common problems in genetic information management in the legal field. In recent studies, the first issue concerns the ...
Tecniche “nuove”, obblighi “nuovi”? La CGUE in «riscrittura giudiziaria» della direttiva n. 18/2001 CE Nota a Confédération paysanne v. Ministre de l’Agriculture (C-528/16)
This note aims to offer an insightful reading about the decision of the european court of justice... more This note aims to offer an insightful reading about the decision of the european court of justice in case confederation paysanne v. Ministre de l’agriculture (c-528/16). It focuses on the reasons why the court extended the security measures provided by dir. Ce 2001/18 even to some new methods of mutagenesis; techniques used to make certain rape varieties herbicide-tolerant. In particular, this writing would highlight how the court used the precautionary principle to offer some a new guidance for the interpretation of this directive, such as for the other regulations related to the gmo discipline.
In the last years, explainable algorithms and AI raise significant interest (and concerns) in the... more In the last years, explainable algorithms and AI raise significant interest (and concerns) in the legal debate. However, adequate recognition of this elusive right to explanation remains ambiguous and uncertain, mainly because of the current legal framework's limits. This paper addresses the problem from the perspective of constitutional law, examining if and how the so-called law in action can consolidate rights and duties to explainable and comprehensible algorithms. Focusing on EU law, the paper considers the achievements gained in personal data protection, focusing on the innovations introduced by art. 22, reg. EU 679/2016 (GDPR). In light of the shortcomings that emerged in this field, the reflection thus recalls the constitutional rationale of data protection. It, therefore, examines how national case-law – using the same method – fosters a more solid recognition of an effective right to understand and a duty to explain algorithms.
Ius Publicum Network Review, 2021
A smart city is more than its mere technological components. From a legal standpoint, smartness m... more A smart city is more than its mere technological components. From a legal standpoint, smartness means a civic-enabling regulatory environment, access to technological resources, and openness to the political decision-making process. No doubt, the core asset of this socio-technical revolution is the data generated within the urban contest. However, national and EU law does not provide a specific regulation for using this data. Indeed, the next EU data strategy, with the open data and non-personal data legislation and the forthcoming Data Act, aims to promote a more profitable use of urban and local big data. Nonetheless, at present, this latter still misses a consistent approach to this issue.
A thorough understanding of the smart city requires, first of all, the reconceptualization of big data in terms of urban data. Existing definitions and studies about this topic converge on the metropolises of East Asia and, sometimes, the USA. Instead, we approach the issues experienced in medium-size cities, focusing on the main Italian ones. Especially in this specific urban environment, data can help provide better services, automatize administrations, and further democratization only if they are understood holistically - as urban data. Cities, moreover, are a comprehensive source of data themselves, both collected from citizens and urban things.
Among the various types of data that can be gathered, surveillance recordings play a crucial role. On the one hand, video surveillance is essential for many purposes, such as protecting public property, monitoring traffic, controlling high-security risk areas, and preventing crime and vandalism. From another standpoint, these systems can be invasive towards citizens' rights and freedoms: in this regard, urban data collected from video surveillance systems may be shared with public administrations or other interested entities, only afterward they have been anonymized. Even this process needs to be aligned with the transparency and participation values that inform the city's democracy. Thus, the anonymization process must be fully compliant with data protection legislation, looking for the most appropriate legal basis and assessing all the possible sources of risks to the rights and freedoms of people (DPIA).
Urban data, indeed, is a matter of local democracy. The availability of data and the economy of platforms can significantly transform a city's services and geography as well as citizens' lifestyles. However, the participation of citizens to express their views on both the use of urban data for public policy and the regulation of the digital economy is still a challenge. The paper aims to analyze the projects of some Italian cities - including Milan, Rome, and Turin - which have tried to introduce participatory urban data management tools and to highlight the possible challenges of a democratic management of service platforms and data transfer for social and economic development.
Biolaw Journal, 2021
In the last years, explainable algorithms and AI raise significant interest (and concerns) in the... more In the last years, explainable algorithms and AI raise significant interest (and concerns) in the legal debate. However, adequate recognition of this elusive right to explanation remains ambiguous and uncertain, mainly because of the current legal framework's limits. This paper addresses the problem from the perspective of constitutional law, examining if and how the so-called law in action can consolidate rights and duties to explainable and comprehensible algorithms. Focusing on EU law, the paper considers the achievements gained in personal data protection, focusing on the innovations introduced by art. 22, reg. EU 679/2016 (GDPR). In light of the shortcomings that emerged in this field, the reflection thus recalls the constitutional rationale of data protection. It, therefore, examines how national case-law-using the same method-fosters a more solid recognition of an effective right to understand the duty to explain algorithms.
BioLaw Journal - Rivista Biodiritto, 2019
This note aims to offer an insightful reading about the decision of the euro-pean court of justic... more This note aims to offer an insightful reading about the decision of the euro-pean court of justice in case confédération paysanne v. Ministre de l'agriculture (c-528/16). It focuses on the reasons why the court extended the security measures provided by dir. Ce 2001/18 even to some new methods of mutagenesis; techniques used to make certain rape varieties herbicide-tolerant. In particular, this writing would highlight how the court used the precautionary principle to offer some a new guidance for the interpretation of this directive, such as for the other regulations related to the gmo discipline. KEYWORDS: directive CE/2001/18; precautionary principle; mutagenesis; conflict between national law and EU law; discretional powers of the national legislator transposing EU law SOMMARIO: 1. Introduzione 2. Il caso Confédération Paysanne c. Ministre de l'Agriculture 3. Tecniche "nuove", obblighi "nuovi"? Il valore nomofilattico del principio di precauzione e i margini di discrezionalità di cui gode il legislatore nazionale4. Considerazioni conclusive. Una «riscrittura giudiziaria» della direttiva?
Dottoranda di ricerca in Diritto costituzionale presso l'Università degli Studi di Padova. L'Autrice ringrazia sen-titamente i referees per i loro preziosi commenti. Mail: elisa.spiller.1@phd.unipd.it. Contributo sottoposto a doppio re-feraggio anonimo.
BioLaw Journal – Rivista di Biodiritto, 2016
This note aims to offer an insightful reading about the decision of the european court of justice... more This note aims to offer an insightful reading about the decision of the european court of justice in case confédération paysanne v. . It focuses on the reasons why the court extended the security measures provided by dir. Ce 2001/18 even to some new methods of mutagenesis; techniques used to make certain rape varieties herbicide-tolerant. In particular, this writing would highlight how the court used the precautionary principle to offer some a new guidance for the interpretation of this directive, such as for the other regulations related to the gmo discipline.
Ianus, 2017
Nel dicembre 2016 la Corte di Giustizia dell'Unione Europea si è pronunciata sul ricorso Tele2 Sv... more Nel dicembre 2016 la Corte di Giustizia dell'Unione Europea si è pronunciata sul ricorso Tele2 Sverige, l'ultimo atto di lunga querelle in tema di data retention. Tale decisione ha chiarito la portata della precedente sentenza Digital Rights Ireland all'interno degli ordinamenti nazionali, circoscrivendo il ricorso alla conservazione dei dati di traffico quale misura di contrasto al terrorismo ed altri gravi reati. Ricostruendo gli argomenti proposti dalla giurisprudenza, si andranno ad analizzare i profili inerenti le garanzie dello Stato di diritto. La Corte, infatti, valorizzando la tutela della privacy e la protezione dei dati personali ha individuato le condizioni necessarie all'utilizzo delle informazioni elettroniche nell'ambito dell'attività d'indagine, limitando così le interferenze pubbliche nella sfera privata. Una ricognizione di questo paradigmatico percorso contribuirà dunque ad evidenziare i passaggi ermeneutici che hanno permesso di integrare questi mezzi nell'alveo di una digital rule of law: dei passi fondamentali per promuovere, anche in tempi così incerti, i valori dello Stato democratico. In December 2016, the Court of Justice of European Union decided the case Tele2
Conference Presentations by elisa spiller
The purpose of the paper is to investigate the doctrine of the Rule of Law in the algorithmic env... more The purpose of the paper is to investigate the doctrine of the Rule of Law in the algorithmic environment, exploring how the expertise of constitutional law might address the legal issues raised by these technologies. As a premise, this study considers the normative power of algorithms, in order to stand out the regulatory logic underlying to these tools. Secondly, it examines the principles of the Rule of Law more involved in this technological revolution, focusing in particular on equality, due process, and fair trial. Finally, according to this framework, it offers a brief outline of some new solutions introduced by the new EU GDPR, drawing the attention to the protections by design and by default and to the data protection impact assessment. The aim of the contribution, rather than offer a detailed analysis of the different legal remedies, is to foster the reflection on the design of these systems, stressing the need for more constitutionally oriented algorithms.
Drafts by elisa spiller
The poster will address some issues related to the use of artificial intelligence for automatic d... more The poster will address some issues related to the use of artificial intelligence for automatic decision-making purposes, with a specific focus on those processings that have a significant impact on people fundamental rights.
The research takes as starting human dignity, exploring the importance of this principle in contemporary person-based constitutional law theory. This assumption will be key-element to analyze to the relationship between two other principles that represent the two face of the current technological revolution. On the one hand, there is the principle of digital by default: a strategy based on the presumption that technology may positively contribute to the efficiency of decision-making procedures so that to make it a new right. On the other, instead, there are the issues concerning the so-called non-exclusivity principle: an assumption that aims to guarantee human-supervision on automatic processes, ensuring the right to challenge data-driven decisions before a human expert operator.
On these premises, the poster exposes a study on the recent case-law about AI in the EU and national case-law. In particular, the aim is to see how these decisions are fostering a right-friendly approach in the use of data-intensive technologies, even setting some preliminary legal limitations. The analysis principally converges on three main points. As first, it focuses on the relevant constitutional case-law that, over time, have set limits to the use of automatisms in the application of the law. Then it examines the different opinions concerning the principle of non-exclusivity, focusing on the reasons why should be desirable the automation of just non-discretionary decisions. Eventually, it addresses the issues related to fairness and transparency of decision-making, exploring the possible technical and legal solutions that might ensure the interests of the people involved.
"In tech we trust...but we need human as a right", therefore, hopes to contribute in the ongoing interdisciplinary debate on these topics, sharing common concerns emerging in the regulation of AI. Building on the principles of constitutional law tradition and human rights literacy, the aim is to foster an appropriate translation of the related values in the design and the use of these technologies, promoting an anthropocentric approach.
Taking part in the group research "Città e partecipazione" (University of Padova, DiPIC) I studie... more Taking part in the group research "Città e partecipazione" (University of Padova, DiPIC) I studied the evolution of citizens fundamental rights conception in the smart city models. My inquiry focused on the participation and inclusion of people and society in the decision concerning these initiatives. In particular, I examined administrative transparency regulation and new experimental participatory tools.
The revolution of big data is giving rise several legal issues, putting some pressures on the tra... more The revolution of big data is giving rise several legal issues, putting some pressures on the traditional paradigms. In this scenario, the UE is fostering a substantial reform of its data protection regulations, and the GDPR is the cornerstone of this new normative structure. At any rate, at the base this architecture there is the notion of personal data: a concept that in a datified society has become increasingly difficult to define. This essay, as first, explores the current legal status of data, considering personal data, pseudonymised data, and anonymous data. In light of this preliminary study, it focuses on the evolution of the legal definition of personal data, considering the guidelines of the Working Party Article 29 and the case law of the EUCJ. The aim is to highlight how an over-inclusive interpretation of basic concepts may pave the way to build up new legal certainties, risking for a normative disconnection between the law on books and law in action.
Book Reviews by elisa spiller
European Data Protection Law Review, 2019
Talks by elisa spiller
The echo of the new GPDR gives the impression that the legal issues about big data will concentra... more The echo of the new GPDR gives the impression that the legal issues about big data will concentrate on personal data. The approach is mainly due to the acknowledged importance of the EUCFR, article 8, which suggests and consolidates this idea of data governance.
Big data, however, impact other different domains, going beyond personal data. This perspective, therefore, risks being misleading and neglects other relevant aspects.
Data, indeed, have significant legal interests for different reasons (e.g. openness and transparency of government or secrecy for security or commercial purposes) and their informational and computational power may affect further relevant fundamental rights.
The lecture aims to analyze this broader scenario, considering these other themes historically related to data protection (e.g. copyrights and trade secrets; database establishment; public/private re-use of information; intelligence issues; non-personal data regulation).
The final objective is to offer a more clear and comprehensive understanding of the current state of the art, highlighting the possible developments in the regulation of these fields.
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Papers by elisa spiller
A thorough understanding of the smart city requires, first of all, the reconceptualization of big data in terms of urban data. Existing definitions and studies about this topic converge on the metropolises of East Asia and, sometimes, the USA. Instead, we approach the issues experienced in medium-size cities, focusing on the main Italian ones. Especially in this specific urban environment, data can help provide better services, automatize administrations, and further democratization only if they are understood holistically - as urban data. Cities, moreover, are a comprehensive source of data themselves, both collected from citizens and urban things.
Among the various types of data that can be gathered, surveillance recordings play a crucial role. On the one hand, video surveillance is essential for many purposes, such as protecting public property, monitoring traffic, controlling high-security risk areas, and preventing crime and vandalism. From another standpoint, these systems can be invasive towards citizens' rights and freedoms: in this regard, urban data collected from video surveillance systems may be shared with public administrations or other interested entities, only afterward they have been anonymized. Even this process needs to be aligned with the transparency and participation values that inform the city's democracy. Thus, the anonymization process must be fully compliant with data protection legislation, looking for the most appropriate legal basis and assessing all the possible sources of risks to the rights and freedoms of people (DPIA).
Urban data, indeed, is a matter of local democracy. The availability of data and the economy of platforms can significantly transform a city's services and geography as well as citizens' lifestyles. However, the participation of citizens to express their views on both the use of urban data for public policy and the regulation of the digital economy is still a challenge. The paper aims to analyze the projects of some Italian cities - including Milan, Rome, and Turin - which have tried to introduce participatory urban data management tools and to highlight the possible challenges of a democratic management of service platforms and data transfer for social and economic development.
Dottoranda di ricerca in Diritto costituzionale presso l'Università degli Studi di Padova. L'Autrice ringrazia sen-titamente i referees per i loro preziosi commenti. Mail: elisa.spiller.1@phd.unipd.it. Contributo sottoposto a doppio re-feraggio anonimo.
Conference Presentations by elisa spiller
Drafts by elisa spiller
The research takes as starting human dignity, exploring the importance of this principle in contemporary person-based constitutional law theory. This assumption will be key-element to analyze to the relationship between two other principles that represent the two face of the current technological revolution. On the one hand, there is the principle of digital by default: a strategy based on the presumption that technology may positively contribute to the efficiency of decision-making procedures so that to make it a new right. On the other, instead, there are the issues concerning the so-called non-exclusivity principle: an assumption that aims to guarantee human-supervision on automatic processes, ensuring the right to challenge data-driven decisions before a human expert operator.
On these premises, the poster exposes a study on the recent case-law about AI in the EU and national case-law. In particular, the aim is to see how these decisions are fostering a right-friendly approach in the use of data-intensive technologies, even setting some preliminary legal limitations. The analysis principally converges on three main points. As first, it focuses on the relevant constitutional case-law that, over time, have set limits to the use of automatisms in the application of the law. Then it examines the different opinions concerning the principle of non-exclusivity, focusing on the reasons why should be desirable the automation of just non-discretionary decisions. Eventually, it addresses the issues related to fairness and transparency of decision-making, exploring the possible technical and legal solutions that might ensure the interests of the people involved.
"In tech we trust...but we need human as a right", therefore, hopes to contribute in the ongoing interdisciplinary debate on these topics, sharing common concerns emerging in the regulation of AI. Building on the principles of constitutional law tradition and human rights literacy, the aim is to foster an appropriate translation of the related values in the design and the use of these technologies, promoting an anthropocentric approach.
Book Reviews by elisa spiller
Talks by elisa spiller
Big data, however, impact other different domains, going beyond personal data. This perspective, therefore, risks being misleading and neglects other relevant aspects.
Data, indeed, have significant legal interests for different reasons (e.g. openness and transparency of government or secrecy for security or commercial purposes) and their informational and computational power may affect further relevant fundamental rights.
The lecture aims to analyze this broader scenario, considering these other themes historically related to data protection (e.g. copyrights and trade secrets; database establishment; public/private re-use of information; intelligence issues; non-personal data regulation).
The final objective is to offer a more clear and comprehensive understanding of the current state of the art, highlighting the possible developments in the regulation of these fields.