towards the use of these technologies by public administrations in the control of tourism activities, i.e. what I have been calling digital tourism . 37 Since the implementation of information and knowledge technologies in the tourism sector, very early on, by the way, the quantities of data generated have been enormous. Initially, the storage of this information posed a major problem for tourism companies and professionals, as they had to comply with the relevant data protection and security legislation. But the truth is that, for several years now, companies and professionals in the sector have realised the importance that this data can have by applying certain technologies related to artifcial intelligence, as they can essentially be used to predict consumer behaviour and ofer services adapted to future needs. From the point of view of public administrations, the use of these huge amounts of information is also a major tool. Firstly, because it is essential for the sector itself to know this data for decision-making. This results from the application of Law 37/2007 of 16 November 2007 on the re-use of public sector information, article 3 of which provides for the re-use of information generated by the public sector, essentially for commercial purposes. But what we are trying to bring up here is, secondly, the possibilities for the reuse of this information by the public administrations themselves in the fulflment of their competences in the feld of tourism. In other words, that the administrations themselves can use the information generated for the exercise of their public powers. There is, of course, a major obstacle: compliance with the purpose limitation principle referred to in Article 5.1.b) of Regulation (EU) 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 (GDPR) . 38 In this regard, public administrations, to which, as is well known, the same data protection regulations apply (GDPR and Organic Law 3/2018 of 5 December on VALERO TORRIJOS, J., "Las garantías jurídicas de la inteligencia artifcial en la actividad 37 administrativa desde la perspectiva de la buena administración", op. cit, p. 87. 87, "Although, starting from an inextricable link with treatments based on big data, the truth is that the next evolutionary state of technological innovation in the public sector pushes us towards what has come to be called "artifcial intelligence", whose inexcusable presupposition consists of the massive analysis of large volumes of information based on the parameters of big data, being able to ofer automated responses to future situations based on mere predictions where the automation of learning would not only be relevant, but also with a depth that only allows the use of huge amounts of data". 1. The personal data shall be: 38 [...] (b) collected for specifed, explicit and legitimate purposes and not further processed in a way incompatible with those purposes; in accordance with Article 89(1), further processing of personal data for archiving purposes in the public interest, scientifc and historical research purposes or statistical purposes shall not be considered incompatible with the initial purposes ('purpose limitation'). 27
RkJQdWJsaXNoZXIy MTE4NzM5Nw==