International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW this data can have by applying certain technologies related to artificial intelligence, as they can essentially be used to predict consumer behaviour and offer 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 re-use of this information by the public administrations themselves in the fulfilment of their competences in the field 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 the Protection of Personal Data and the guarantee of digital rights) may only use such information under the terms provided for in the aforementioned legislation, i.e. if the data cease to be personal because they have been anonymised, or if some of the requirements provided for in Article 6 for the processing of such personal data converge. In any case, repeating the idea that I wanted to express a few paragraphs above, this data generated by the sector should serve not only to help supply to predict demand behaviour and, if necessary, to increase profits, which is also the case. But also to help the competent administrations to predict where the next problems related to tourism sustainability are going to occur and to anticipate 38 1. The personal data shall be: [...] (b) collected for specified, 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, scientific and historical research purposes or statistical purposes shall not be considered incompatible with the initial purposes (‘purpose limitation’).

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