Artificial Intelligence

Italian law is moving towards simplification, especially in the health sector

by Giusella Finocchiaro

(AdobeStock)

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

The Italian law on artificial intelligence, Law No. 132 of 23 September 2025, 'Provisions and Delegations to the Government on Artificial Intelligence', was published in the Official Gazette on 25 September 2025 and will enter into force on 10 October. It naturally moves within the framework outlined by the European legislator with the so-called Ai Act, makes the choices entrusted to the national legislator, also introduces some novelties and, in reaffirming certain principles, clarifies some important issues.

It is certainly not an easy task, today, to regulate a technology whose power we glimpse, without yet being fully aware of it, not least because it is still in full evolution. The questions for the legislator are therefore many.

Loading...

On the one hand, we must seize the opportunities offered by artificial intelligence (think of the increased efficiency in the examination of radiological images in healthcare or in the management of risk profiles in banking and insurance) and, on the other hand, minimise the risks. Often we focus on the risks, as the European legislator has done, but encouraging the spread of reliable Ia is at least as important. This requires economic investment, but also from a legal point of view much can be done: first of all, simplify the applicable regulations. Simplification is invoked by all, but little practised. An opening, not yet a simplification, is in the provisions of law Ia on scientific health research. Much still needs to be done in this area to strengthen the competitiveness of the country's system.

Turning to the law, the national legislator was first and foremost called upon by the European Regulation to express itself on two major issues.

The first, that of the governance of Ia. The National Artificial Intelligence Strategy will be the responsibility of the Presidency of the Council, as well as the Coordination Committee on Artificial Intelligence Authorities that will be set up. The National Authorities for Artificial Intelligence will be the National Cybersecurity Agency and the Digital Italy Agency, without prejudice to the specific competences of the Bank of Italy, Consob and Ivass. Coordination will also be required with the already existing Authorities, from the Garante per la protezione dei dati personali to the Autorità Garante per le garanzie nelle comunicazioni.

The second, that of sandboxes. This is the possibility of experimenting, from a regulatory and technological point of view, in delimited areas. The Italian sandboxes will be managed by the Ia Authorities and a specific regulation deals with those in the health sector. It is a great opportunity to encourage the development of ad hoc systems, from a technological point of view and to test the most suitable and efficient rules, in synergy between industry, universities and research.

Among the most important innovations are the new regulations on research and scientific experimentation for the realisation of artificial intelligence systems in healthcare.

The legal basis for the processing of personal data for scientific research purposes may be the public interest, in implementation of constitutional rules. Facilitating scientific research in the health field, including through the processing of personal data, not only benefits those involved in research and, of course, patients, but also the country as a whole, because it contributes to making it more competitive in the field of research.

Also new is the provision of the crime of deep fakes, proposed by Commission Ia of which I am a member.

Finally, Italian law reaffirms a fundamental principle: Artificial Intelligence is currently a tool that supports the human person, but does not replace it: therefore, the doctor, the lawyer, the judge, and any other subject can make use of AI, but under their supervision and control and therefore assume responsibility for the use of the tool. Even when it is used in the creation of works of art, the author is always the human person. As Jean-Michel Jarre states in 'Promptitude', hosted until 28 September 2025 at Meet in Milan, it is a kind of 'paintbrush 3.0', but the authoritativeness remains with the artist. Just as the decisions and consequent responsibility remain with the human being.

Copyright reserved ©
Loading...

Brand connect

Loading...

Newsletter

Notizie e approfondimenti sugli avvenimenti politici, economici e finanziari.

Iscriviti