LEGAL GUARANTEES FOR THE PROTECTION OF PETITIONERS’ PERSONAL DATA AND FOR PROTECTION AGAINST CYBER-HARASSMENT UNDER CONDITIONS OF DIGITAL ALGORITHMS

Abstract

This article analyses the constitutional guarantees needed to protect petitioners' personal data and to shield them from cyber-harassment where public authorities process electronic petitions through algorithmic systems. Automated sorting and AI-based processing of petitions generate risks — algorithmic discrimination, data breaches and doxxing — that national legislation addresses only in fragments. Using comparative-legal, normative-dogmatic and systemic-functional methods, the article argues that data security and procedural safeguards against automated decisions are constituent elements of the right to petition rather than external conditions of it, and proposes a four-stage protective model: preventive, procedural, cyber-protective and remedial. Concrete legislative proposals follow