The next two, however, as indicated above, are to be implemented in the coming years. In these last stages, the most relevant ethical and legal challenges will probably arise, especially if the so-called "singularity" is reached, i.e. the moment when machines are able to act and think independently and autonomously, apart from human beings. It is not the subject of this paper, but neither can we fail to mention the challenges faced by citizens in the use of these technologies by the executive power . 35 I cannot dwell on these interesting questions, but it is worth noting that this is one of the main challenges facing the law in the near future, as it will shake the very foundations of the social and democratic rule of law as we know it today. 3.5.5. – Proposal on the diferent tools that can be used by administrations for the intelligent control of the tourist ofer. The following is a brief outline, i.e. a non-exhaustive list of possible administrative tools based on artifcial intelligence that can serve the aforementioned objective of controlling the tourist ofer in order to increase the overall sustainability of tourism. It is understood that the use of these tools will also, as seems logical, increase the efciency and efectiveness of administrative control activity which, as is well known, is one of the constitutional objectives according to Articles 31.2 and 103.1 of the Constitution, respectively. 3.5.5.a. – Gathering information: Internet of things and smart cities as a preliminary step. We are starting to become aware of the amount of data that we generate through any daily act in our lives. The paradigm is the use of mobile phones, but not only. Credit card payments, video surveillance cameras, devices implanted in our clothes, and so forth. A surveillance capitalism that brings a 36 GARCÍA GARCÍA, S., (2021) "Una aproximación a la futura regulación de la inteligencia 35 artifcial en la Unión Europea", op. cit, "The risks arising from the use of this non-human intelligence fall especially on the protection and guarantee of fundamental rights enshrined in the Charter of Fundamental Rights of the European Union; specifcally, the Commission speaks in this sense of possible repercussions for the right to human dignity, respect for private and family life and the protection of personal data, non-discrimination and equality between men and women, freedom of expression and assembly, the right to efective judicial protection and to an impartial judge, the presumption of innocence and the rights of the defence, as well as the general principle of good administration. Workers' rights, consumers' rights, the rights of the child and the integration of disabled persons, and the right to a high level of environmental protection and the improvement of the quality of the environment could also be directly afected. In order to defend all of these, the Commission recognises an inevitable restriction on the freedom to conduct a business, intellectual property and the freedom of the arts and sciences; however, this limitation will be proportionate and limited to the minimum necessary to prevent and reduce serious risks to security and likely violations of fundamental rights. ZUBOFF, S., (2020), La era del capitalismo de la vigilancia: La lucha por un futuro humano 36 frente a las nuevas fronteras del poder, Paidós, 25
RkJQdWJsaXNoZXIy MTE4NzM5Nw==