International Journal of Tourism, Travel and Hospitality Law 2023

A NEW ADMINISTRATIVE LAW FOR A NEW TOURISM: NOW OR NEVER In this sense, the proposed European regulation refers to artificial intelligence or artificial intelligence system (article 3) as: [...] software that is developed using one or more of the techniques and strategies listed in Annex I and that can, for a given set of human-defined objectives, generate output information such as content, predictions, recommendations or decisions that influence the environments with which it interacts. On the other hand, it is necessary to clarify that, according to the doctrine, we can speak of various stages or levels of artificial intelligence. Thus, AI Internet, AI Business, AI Perception and AI Autonomous34. The first two have already been reached some time ago. In the economic sector that concerns us now, in fact, as indicated above, it has essentially served to increase the tourist offer, with a view to increasing profits and therefore promoting the problems that we now want to tackle. In this sense. This is what we have identified ut supra with digital tourism. 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 power35. 34 CRIADO, J. I. (2021) “Inteligencia Artificial (y Administración Pública)”, Eunomía. Revista en Cultura de la Legalidad, 20, p. 352, “In terms of maturity model within the public sector it is also possible to differentiate different moments of AI. Lee (2018) has suggested four different stages, linked to the way in which they harness the power of AI to generate disruption in particular sectors, as well as to achieve deeper weaving into the everyday life of the governance of the systems in which organisations, public services and people operate. These stages are as follows: AI Internet, AI Business, AI Perception and AI Autonomous. Each of them involves different moments in the evolution of AI within organisations in general and public administrations in particular. 35 GARCÍA GARCÍA, S., (2021) “Una aproximación a la futura regulación de la inteligencia artificial 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; specifically, 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 effective 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 affected. 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.

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