ICT AS AN INSTRUMENT FOR MORE EFFICIENT ADMINISTRATIVE CONTROL 411 control over their personal data, so that other tools must be devised to ensure a scrupulous respect for this fundamental right. In this regard, the principles of data protection by default and in the design39 that have been included in Article 25 of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, also known as General Data Protection Regulation (hereinafter, GDPR). These principles are going to be essential in the creation of intelligent tourist destinations, because the development of technology and the necessary applications by companies and public administrations, as well as their use by tourists, must always take into account the users’ privacy, as well as the need imposed in the new GDPR to always use no more than the minimum essential data for the provision of a specific service (minimisation). However, this tension between technological advances and law is not new40; hence it can be affirmed that, in some way, if the expression is allowed, they are condemned to be understood41. 4.2. Inclusive technological development When talking about technological development applied to tourist destinations, we must take into account all those people who, for different reasons, do not have or do not want to have access to ICT. One might think, above all, of the elderly, disabled or people without sufficient resources, but also of those who have voluntarily opted to exclude themselves from technological development42. Well, these people cannot be left out of the benefit of these advances, but, logically, should be included. In this regard, it should be noted that any technological innovation, including digital tourism, must be inclusive, not exclusive43. 39 A detailed study on these two essential principles can be found in DUASO CALES, R., “Los Principios de Protección de Datos desde el Diseño y Protección de Datos por Defecto” in PIÑAR MAÑAS, J. L. (Dir.), ÁLVAREZ CARO, M., & RECIO GAYO, M., (Coords.) Reglamento General de Protección de Datos. Hacia un modelo europeo de privacidad, Reus, 2016, pp. 295 et seq. 40 PIÑAR MAÑAS, J. L., Derecho e innovación tecnológica. Retos de presente y futuro, CEU Ediciones, 2018, p. 9. 41 RECIO GAYO, M., Protección de datos personales e innovación: ¿(In)compatibles?, Reus, 2016. 42 The right not to be digital, which is not always respected, as shown in PIÑAR MAÑAS, J. L., Derecho e innovación tecnológica. Retos de presente y futuro, op. cit., p. 22. 43 Ibidem, p. 23.
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