International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW Finally, and without wishing to be exhaustive, a problem arising from the programming of algorithms and the decisions taken by machine learning, i.e. more efficient but less transparent administrations43. As long as we do not know the decision-making processes of the aforementioned algorithms, we will not be able to control their actions and the consequences arising from them. To avoid this type of problem, Law 15/2022, of 12 July, on equal treatment and non- -discrimination, has just been published in the Official State Gazette. Article 23 of this law provides for the implementation of mechanisms by public administrations to ensure that the algorithms used by them in decision-making take into account criteria of minimisation of bias, transparency and accountability, whenever technically feasible. It is striking, if I may say so, that equality is subordinated to the technical possibilities of the algorithms. In other words, it is saying, no more and no less, reducing the problem a great deal, I am aware, that an attempt will be made to avoid the discriminatory bias of the algorithms used by the administrations as long as this is possible from a technical perspective. 4. – CONCLUSION The growth of the tourism sector in recent years has caused certain problems related to the excessive number of tourists. From the gentrification of cities, to tourism phobia or problems in the natural and urban environment, all of them related to the uncontrolled growth of tourism supply and demand. Various sectors (academic, social, political) had been drawing attention to this situation. However, public policies have always tended to focus more on short-term benefits, promoting the arrival of tourists, than on the protection of other assets. However, in March 2020, an unusual situation occurred in our recent history. An unknown disease caused by a respiratory virus brought the world’s population into confinement, with no possibility of any kind of travel. Of course, the movement of tourists in our country was reduced to zero, the so-called “tourist zero”. Such a situation has never happened before. Not even in the financial crisis of 2009. Faced with this situation in which the tourism sector is facing one of the most extraordinary crises in history, there are two possible solutions: the first, following 43 CERRILLO I MARTÍNEZ, A., “Com obrir les caixes negres de les administracions públiques? Transparència i rendició de comptes en l’ús dels algoritmes” Revista catalana de dret públic, núm. 58.

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