INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW It should be noted that it is not intended to analyse artificial intelligence as a tool to increase profits 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 offer 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 services31. 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 artificial intelligence to carry out more effective and efficient 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 European Union and which have to do with the internal market for services and the European digital market. It is also necessary to point out that the technology to be analysed is based on other technologies that I have not expressly mentioned, but which must be taken for granted. Thus, the massive processing of data (Big Data), hyperconnectivity of devices or the internet of things, etc., serve as a foundation for the development of artificial intelligence. Perhaps it is necessary, before listing the different instruments that may be available to the competent public administrations in this area, to provide a definition, at least a brief one, of what, for legal purposes, is considered artificial intelligence. Especially when there is a proposal for regulation at European level that aims to “harmonise”32 the regulations of all the Member States in this area33. 31 GARCÍA GARCÍA, S., (2022) “Una aproximación a la futura regulación de la inteligencia artificial en la Unión Europea”, in Revista de Estudios Europeos, volume 79, January-June, p. 301, “[...] without forgetting the different 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”. 32 I use the word “harmonise” because it is curious that the aim is to harmonise through a regulation, when traditionally this has been done through directives. 33 Proposal of the European Commission Brussels, 21.4.2021 COM (2021) 206 final, 2021/0106(COD), Regulation of the European Parliament and of the Council laying down harmonised rules in the field of Artificial Intelligence (Artificial Intelligence Act) and amending certain Union legislative acts
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