International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW necessary to implement these systems in the administration itself39, without failing to point out, as already mentioned above, that the move towards the so-called intelligent administration is not limited to the adoption of information and knowledge technologies, but, more importantly, requires a structural change, a cultural change if you will, of the public organisations themselves, something that is more complex40. On the other hand, it is also necessary to point out that the implementation of artificial intelligence systems, no matter how much structural and cultural change, no matter how much administrative and bureaucratic burdens are reduced, will not change the nature of the administrative activity in question. In this sense, if it is necessary to curb excessive tourism by limiting the supply of certain services or reducing the number of visitors, the administration will have to take measures restricting individual rights. With all the guarantees and in compliance with the strict legal requirements, it is true, but they will have to be taken, after all. The use of artificial intelligence in the public sector is called upon, in this sense, to favour efficiency and effectiveness in administrative action, guaranteeing the rights of citizens, professionals and companies, but not to change the essence of administrative police activity. In this line, the competent public administration should, in my opinion, adopt a more proactive attitude. Despite the fact that this type of procedure is initiated by means of a request from the interested party to offer the tourist services in question, this does not prevent the administration from collecting the corresponding data from the interested parties, respecting data protection legislation in the case of natural persons, especially with regard to the principle of purpose and the basis that legitimises the corresponding processing. I am referring to a drastic reduction of burdens and processing times in administrative procedures. What I have elsewhere referred to as simultaneous authorisations and in which artificial intelligence is, I believe, set to play an essential role. 39 CAMPOS ACUÑA, M.ª. C., (2019), “Inteligencia Artificial e Innovación en la Administración Pública: (in) necesarias regulaciones para la garantía del servicio público”, Revista Vasca de Gestión de Personas y Organizaciones Públicas, Núm. especial 3/2019, p. 76. 76, “An administration that does not include innovation in its agenda does not currently respond to its principles; the challenges of the 21st century and its technological revolution cannot be faced with an organisation based on the 19th century; we must be aware that the next 50 years will see dizzying changes brought about by information technologies, robotics and artificial intelligence, in the face of which the public administration must have agile, fast and flexible dynamics to respond appropriately to the new challenges”. 40 Ibidem, p. 78, “But it is also important to delimit the concept of innovation from other notions that have often become widespread as a result of new technologies, such as modernisation, or the simple use of these same technologies in the service of public management, in order to avoid their common confusion, usually to the detriment of the added value of innovation”.