The use of artificial intelligence in the travel and hospitality industry. Civil liability profiles by Caterina del Federico IJTTHL PRE-PRINT

on Artifcial Intelligence should accompany these developments by the highest and adequate level of protection, in particular when biometric data are used . 15 4) Civil liability profles It follows from the above that artifcial intelligence has been incorporated into many diferent areas of the travel and tourism industry, making lives easier for travelers around the globe. The European Union in recent years has published a huge number of acts focused on and dedicated to artifcial intelligence. Just to give some examples, the following can be mentioned in the past two years: a White paper on AI: a European approach to excellence and trust (2020) ; a Resolution 16 with recommendations to the Commission on a civil liability regime for AI (2020) ; a 17 Resolution on a framework of ethical aspects of artifcial intelligence technologies (2020) ; a Proposal for a Regulation laying down harmonized rules on AI (2021) ; a 18 19 public consultation on civil liability – adapting liability rules to the digital age and AI Amendment 3, Proposal for a regulation, Recital 8 a (new), text proposed by the Commission (8a): «the 15 use of biometrics in transport and tourism will vastly beneft user experience and overall safety and security. The application of fngerprint or retina scans to access cars could help prevent theft, while in-car biometrics could help detect drivers' stress levels and prevent intoxicated driving, directly contributing to the EU’s 2050 “VisionZero”. In the tourism sector, contactless check-ins, for example through facial recognition technology, will help attain a seamless travelling experience. This Regulation should accompany these developments by the highest/adequate level of protection, especially when use of biometrics data is involved, in line with the data protection framework of the Union, while fostering research and investment for the development and deployment of AI systems that can positively contribute to society». Similarly, Amendment 6, Proposal for a regulation, Recital 12 a (new), text proposed by the Commission (12a): «this regulation should support research and innovation for the application of AI systems in the transport and tourism sectors. For this reason, this Regulation should exclude from its scope applications of AI systems developed, applied, and assessed in a controlled testing environment, for the sole purpose of evaluating their use and functionality. As regards product-oriented research activity by providers, the provisions of this Regulation should apply insofar as such research leads to or entails placing an AI system on the market or putting it into service. All forms of research and development should be conducted in compliance with the highest ethical standards for scientifc research». The text is available at the link: https://ec.europa.eu/info/fles/white-paper-artifcial-intelligence-european- 16 approach-excellence-and-trust_en. The text i s ava i l abl e at the l ink: ht tps: / /www.europar l .europa.eu/doceo/document / 17 TA-9-2020-0276_EN.html. The text i s ava i l abl e at the l ink: ht tps: / /www.europar l .europa.eu/doceo/document / 18 TA-9-2020-0275_EN.html. This proposal is known as “artifcial intelligence act” (o AIA), the text is available at the link: https://digital- 19 strategy.ec.europa.eu/en/library/communication-fostering-european-approach-artifcial-intelligence 8

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