International Journal of Tourism, Travel and Hospitality Law 2023

A NEW ADMINISTRATIVE LAW FOR A NEW TOURISM: NOW OR NEVER To what extent is it necessary to lengthen administrative procedures by more than twenty-four hours? Why should institutions such as administrative silence be maintained today? I am aware of the difficulty of answering these questions, of the resistance of some administrations to innovation and change. In fact, many of these provisions are already included in the laws on procedure and the legal regime of the public sector, as is well known, even in the now repealed 1992 law, but little progress has been made. Therefore, it is not so much the legislation, which already contains provisions to this effect, but the attitude of the administration that needs to change. 3.6. – Brief reference to the challenges of smart tourism: the necessary protection of fundamental rights So far, I have shown the possible benefits for the administration of implementing artificial intelligence systems in order to control the negative effects of overtourism. But there are also certain risks, to which I will refer, at least briefly, in the following paragraphs. I am thinking in particular of certain fundamental rights such as the protection of personal data, equality or other rights such as transparency or access to public information and its possible re-use, to which I referred above. Indeed, data protection is one of the fundamental rights that may be compromised by the massive use of tourists’ data by the administration. In this respect, although data protection legislation must be respected even more zealously in the public sector than in the private sector41, the risk of cyber-attacks is becoming more and more obvious42, so that means must be included to prevent, among other things, for example, the theft of data. Another risk, as mentioned, relates to discrimination arising from the use of algorithms by public administrations in decision-making. This is an issue that should not be neglected and, as I understand it, should be kept in mind when developing these systems. Care must also be taken to ensure that the freedom of establishment and the freedom to provide tourist services are not affected, so that European and national legislation on access to the services market is respected at all times. 41 The European legislator was aware of the enormous risk to this fundamental right posed by the use of these data by legal persons exercising public powers, as was made clear in the recitals of the GDPR. 42 FUERTES, M., (2022), Metamorfosis del Estado. Maremoto digital y ciberseguridad. Marcial Pons.