Disparità di trattamento, discriminazioni nel mercato del credito e l’incognita dell’Intelligenza Artificiale nel rapporto lender–borrower: strumento di mediazione o motivo di conflitto? Analisi e riflessioni di Diritto comparato
Unequal treatment, discrimination in the credit market and the unknown of Artificial Intelligence in the lender-borrower relationship: mediation tool or reason for conflict? Comparative Law Analysis and Reflections

Summary/Abstract: Artificial intelligence is revolutionizing every field of knowledge and profession. The financial and banking sectors are no exception to this digital transformation. The essay aims to analyze the impact of using machine learning for credit scoring and creditworthiness assessment on the fundamental rights of borrowers. Discrimination in access to credit has always existed. On the one hand, artificial intelligence can enhance access to credit by reducing historically existing inequalities. On the other hand, it introduces new risks and forms of discrimination. The first part of the essay focuses on the analysis of European and national regulations concerning credit scoring and creditworthiness assessment. The second part addresses historically existing forms of discrimination in the credit market and those introduced by algorithms. Finally, the third part examines the pivotal role of the GDPR and the European regulation on artificial intelligence in this context.

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