Public or Private AI: un (nuovo) dilemma per la tutela dei diritti fondamentali alla prova della attuazione della strategia italiana per l’intelligenza artificiale

The distinction between Public and Private AI inherent to the approach to be adopted for foundational models is spreading in business sciences, but is unprecedented in the field of public and constitutional law. Yet, in reference to the role of the PA there is however an organization that provides services to users, even if within a horizon of public interest and respect for fundamental rights. The essay, starting from the distinction between the two types of approach, shows the advantages and disadvantages of each and shows how the choice by the public administration is not at all obvious, nor must it necessarily be unitary. In light of the dichotomy, the strategic choices contained in the national planning on Artificial Intelligence are examined, illustrating the importance of a hybrid and diversified approach for optimal protection of fundamental rights, starting from privacy and security in the management of personal data.