A new Administrative Law for a new Tourism by Alejandro Corral Sastre

intervention of public employees . The legal guarantees for citizens are 30 contained in the same article of the aforementioned law, but in its second paragraph stating that: "In the case of automated administrative action, the competent body or bodies, as appropriate, must be previously established for the defnition of the specifcations, programming, maintenance, supervision and quality control and, where appropriate, auditing of the information system and its source code. It shall also indicate the body which is to be held responsible for the purposes of the contestation" . Along these lines, what we intend to analyse here has to do with the use of tools related to artifcial intelligence (algorithms, software and the like) to make the work of public administrations more efective and efcient. In what is now being analysed, essentially, for the control of tourism supply and demand so as to avoid the excesses that are so detrimental to sustainability and quality. It should be noted that it is not intended to analyse artifcial intelligence as a tool to increase profts or improve the tourist experience. That is not the purpose of this paper. As indicated above, the objective is to point out the tools that these technologies ofer to public administrations to achieve the stated objectives of tourism sustainability. In a context, it should be remembered, in which the pandemic and the apparent economic crisis resulting from the Russian-Ukrainian war may tend, as so often has happened, to encourage the arrival of tourists without giving other considerations a second thought. The relevant administrations often use these moments to sharpen the arguments related to reducing bureaucracy and facilitating market access for entrepreneurs and promoters of tourist services . 31 This is certainly a laudable objective, but it must, of course, be accompanied by appropriate control measures to maintain adequate levels of carrying capacity and sustainability. I insist on this idea that I intend to develop below: it is about the public sector being able to make use of technologies related to artifcial intelligence to carry out more efective and efcient work in controlling access to the tourism services market, while respecting, as it cannot be otherwise, the principles and freedoms recognised in the original law of the In this sense, the General Data Protection Regulation of the European Union, Regulation (EU) 30 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, is much more restrictive by preventing, as a general rule, automated decisions and profling that produce legal efects on him or her or signifcantly afect him or her in a similar way. This is stated in Recital 71 and Article 22 of the aforementioned European regulation. However, the regulation itself allows Member States to establish exceptions to this general prohibition in their own domestic law, as Spain has done in the aforementioned Law on the Legal Regime of the Public Sector. GARCÍA GARCÍA, S., (2022) "Una aproximación a la futura regulación de la inteligencia 31 artifcial en la Unión Europea", in Revista de Estudios Europeos, volume 79, January-June, p. 301, "[...] without forgetting the diferent applications that this can have for the public sector and, in particular, for Public Administrations, which can use it as an auxiliary instrument in their decision making; decisions that, if streamlined, can be at least or even limited in their possible discretionality". 23

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