Competition Law in Tourism

ICT AS AN INSTRUMENT FOR MORE EFFICIENT ADMINISTRATIVE CONTROL 405 Governance (hereinafter, LTAIBG), such information must be public (active advertising, Articles 5 through 11) and, besides, can be reused by individuals and legal entities of the private sector, for commercial and non-commercial purposes, in the terms established by Article 3.1 of Law 37/2007, of 16 November, on the reuse of information of the public sector20. Conversely, the potential of these technologies to predict possible negative impacts on the environment or on the destinations’ social and cultural settings must also be taken into account. They can jeopardise the sustainability of the sector in the medium or long term. In this sense, these large-scale data analysis tools could be used by the competent public administrations (essentially the autonomous communities) as prevention instruments. Thus, they could anticipate the damage and, therefore, minimise or, even, avoid its consequences. Logically, the necessary legal coverage should be given to this administrative action, which would be related to police activity, restricting certain activities of individuals in certain threatened areas21. Finally, we cannot fail to mention that the analysis and treatment of this enormous amount of data, together with the use of advanced artificial intelligence systems, can represent a real revolution in the sector, given that decision-making would no longer be hands of the tourist managers, but of “machines”, with all the ethical and legal controversies that can arise, but without neglecting, as is logical, the advances and benefits that, also, it can bring. 3.2.2. THE INTERNET OF THINGS AND CONNECTIVITY One of the essential characteristics of intelligent tourist destinations is its high level of connectivity for the development of the Internet of Things and M2M (machine to machine) systems. This connectivity allows both companies and visitors to be connected to the Internet at all times, benefiting from multiple services accessed through the network. In this sense, we no longer only talk about the Internet of Things, that is, the connection of different physical elements in a wider network, but the Internet of Services and Internet of People22. 20 BAUZÁ MARTORELL, F. J., “Big data y open data en la administración turística: acceso y reutilización de la información”, Revista Vasca de Administración Pública, no. 108, 2017, p. 24. 21 Ibidem, p. 23: “(...) we must admit the possibility of individuals accessing the data held by the Tourist Administration for commercial or non-commercial purposes, as well as the option that assists the Tourist Administration in intercepting the data of users and service providers that circulate in social networks, this being an ideal means to deploy the inspection activity and consequently the sanctioning power”. 22 Destinos Turísticos Inteligentes. Manual Operativo para la configuración de Destinos Turísticos Inteligentes, op. cit., p. 14.

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