International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW 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 different tools that can be used by administrations for the intelligent control of the tourist offer. The following is a brief outline, i.e. a non-exhaustive list of possible administrative tools based on artificial intelligence that can serve the aforementioned objective of controlling the tourist offer 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 efficiency and effectiveness 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 capitalism36 that brings a value to the information we generate that is really useful to the big companies that offer us services of all kinds, especially tourist services. Our information is the real fuel for the economic revolution we are living through, and the preliminary step to massive data processing which, as will be developed later, is essential for the implementation of artificial intelligence systems. The implementation of smart cities, based on the constant and massive collection of data, has already been a reality for several years. As indicated in the previous paragraph, perhaps the main difference lies in the awareness of this reality on the part of citizens, users and consumers of products. What I intend to highlight in this section is that the usefulness of these technologies applied to the living environment where tourism takes place (cities, towns, natural areas), not only involves increasing tourism supply and demand, i.e. the sector’s profits, but can also serve to contribute to tourism sustainability by indicating, for example, the places where certain access limits must be 36 ZUBOFF, S., (2020), La era del capitalismo de la vigilancia: La lucha por un futuro humano frente a las nuevas fronteras del poder, Paidós,