The right to digital identity between autonomy and simulacrum: challenges and instruments of private protection in the european and international regulatory framework

This paper critically analyses the evolution of the right to personal identity in the contemporary digital dimension, highlighting how the progressive technologization of human experience has had a structural impact on the traditional ontological and legal assumptions of identity. Starting from the classical philosophical reflection on identity as the continuity of being and the condition for the recognisability of the subject over time, the study highlights how, in the digital environment, this continuity is exposed to phenomena of fragmentation, alteration and dispersion, with significant consequences in terms of the protection of personality rights. Digital identity is reconstructed as a dynamic and relational reality, fuelled not only by the conscious actions of the individual, but also by social interactions, algorithmic inferences and the logic of the media sphere. In this context, the autonomy of the subject in the construction of their own identity appears to be progressively compromised, as identity tends to be the result of external processes that are opaque and difficult to control. Particular attention is paid to the risks arising from the use of artificial intelligence systems, especially generative ones, such as the creation of synthetic identities and deepfake content, which can affect a person's image, reputation and dignity, creating a rift between the truth of being and technological representation. The paper then examines the European regulatory framework, focusing on the central role of Regulation (EU) 2016/679 and its integration with the recent Artificial Intelligence Act, highlighting how the protection of personal data plays an instrumental role in safeguarding digital identity as a projection of the individual. In this perspective, the right to personal data protection emerges as a fundamental right to informational self-determination and control over identity construction processes. A role of primary importance is attributed to the right to be forgotten, reconstructed as a tool for protecting the social projection of personal identity with respect to the persistent circulation of information that is no longer current. The contribution highlights how, in the digital and algorithmic ecosystem, this right takes on a function of rebalancing collective memory and individual becoming, proving essential in countering the crystallisation of the past and the identity distortions produced by artificial intelligence systems. In conclusion, the protection of digital identity is outlined as a structural challenge for contemporary law, which is called upon to govern technological innovation in an anthropocentric manner consistent with the fundamental values of the European legal system.