CLAIM-2026-10-12-09

Under D.Lgs. 160/2026 a court may order a provider or user to produce records and technical documentation about the algorithm, may draw adverse inferences from an unjustified refusal, and applies a rebuttable presumption of the causal link in the victim's favour.

Why it matters

It converts machine-generated traces into discoverable evidence and shifts the burden, so the absence of a record is itself a litigation position.

Sources

  • normattiva2026reati