International Journal of Tourism, Travel and Hospitality Law 2023

A NEW ADMINISTRATIVE LAW FOR A NEW TOURISM: NOW OR NEVER implemented in order to respect carrying capacity or to allow for better coexistence between residents and tourists. We start from this idea: it is necessary that the administrations, in the exercise of their competences, impose limits. However, not general limits, without justification and without sense, but respecting the requirements imposed by European and national legislation on freedom of access to the internal market for services (or national). Precisely, the implementation of these technologies will help to make the administrative tools for limiting tourism activities more efficient and effective. Modulate tourism to avoid the problems I mentioned at the beginning of this paper. Because sustainable tourism, where the urban and natural environment is respected, without overcrowding, without conflict between residents and users, without excesses, in short, without the problems that existed before the pandemic, is quality tourism. And quality tourism generates more sustainable tourism. Smart cities, based on the internet of things (and people), are an essential tool for achieving this goal. Knowing the number of visitors and their needs, interests and concerns sufficiently in advance is a necessary requirement for administrative control powers to be exercised proportionately and whenever necessary. 3.5.5.b. – Massive data processing or Big data Another tool that we need to analyse, in my opinion, is the massive analysis of data through different systems. In fact, this massive processing of data must be considered the first step towards artificial intelligence and, consequently, towards the use of these technologies by public administrations in the control of tourism activities, i.e. what I have been calling digital tourism37. 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 37 VALERO TORRIJOS, J., “Las garantías jurídicas de la inteligencia artificial en la actividad 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 “artificial intelligence”, whose inexcusable presupposition consists of the massive analysis of large volumes of information based on the parameters of big data, being able to offer 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”.