Digital constitutionalism to the test of the smart identity

lThe law has become increasingly interested in issues related to algorithmic biases and decisions, particularly from the perspectives of the collection, use, and processing of personal data. The complex constellation of fundamental rights challenged by the new technologies is opening the door to an inedited concept of identity, citizenship, and city, shortening the distances between the world of the bits and the world of the atoms. Nonetheless, the legal issues at stake are profound and involve enforcing such rights and designing proper procedural mechanisms. In this sense, a crucial role is that of the courts since they have been and are called to find new stages of protection and guarantees. Therefore, with the aim to prove the necessity of a solid and by-design procedural mechanism, this paper is going to analyze those issues through the lenses of the krasis between algorithms and freedom of expression, and algorithms and data protection, while taking as a meaningful example the difficult enforceability of the right to erasure in the context of the algorithmic society.