The right to know and digital technology: Proactive and reactive transparency in the Italian legal system

Abstract

In this paper we take the vantage point of the law as a prism through which to observe the new relation that has taken shape between public sector bodies and the citizenry in view of the knowledge enabled by digital technologies. More to the point, we analyse the right to know vis-à-vis the government and its institutions, assessing the way the changes brought about by technology in the digital space are reshaping digital rights, entrusted with striking a new and complex balance between citizens and the government. We will specifically address the right to access government data. To this end we will consider the way the law has evolved in Italy, with a focus on Legislative Decree 97/2016 and the deep changes it has made to Legislative Decree 33/2013, providing tools for greater transparency and knowledge of government activity and administration. We highlight the deep transformation that has resulted from these changes, affecting the legal relationship between public sector bodies and citizens.