Technological colonization and constitutional dysfuction. The role of AI-driven profiling and targeting practices

This work addresses the issue of profiling and targeting practices, particularly when they are driven by the “triple alliance” of artificial intelligence systems, behavioural science, and neuroscientific findings. Having moved beyond their original commercial context, these practices now demand constitutional scrutiny. The aim is to highlight the “systemic risks” these practices pose to the personalistic and pluralistic constitutional principles. The research therefore advocates for a constitutionally grounded policy approach. Such an approach should establish necessary and proportionate legal safeguards against abuses of power in both public and private “digital surveillance” by means of profiling and targeting. The central question thus becomes identifying the threshold at which profiling and targeting practices amount to violations of personal identity and equality, as well as of self-determination, including in the political sphere, thereby undermining the personalistic and pluralistic principles at the heart of the constitutional order.