414 COMPETITION LAW IN TOURISM by operators in the tourism sector. However, the risks generated to citizens in their fundamental rights must also be taken into account, essentially the protection of their personal data49. In this line, BAUZÁMARTORELL proposes that “the option that assists the Tourist Administration in intercepting the data of users and providers of tourist services that circulate in social networks, being this an ideal means to display the activity Inspector and consequently the sanctioning power (...) Being that the reality of the tourism sector derives towards the digital world, the administrative intervention cannot remain anchored in the inspection visits and the documentation requirement, because, in that case, it does not reach the fullness of the legal-administrative relationship. The analysis of the networks becomes essential to ensure compliance with tourism regulations and macro data analysis, of course, allows for massive and automated verification of compliance or non-compliance (fraud)”50. This possibility will undoubtedly have to be recognised by the competent administrations, taking into account, in any case, the RGPD to which we have referred above, and, in particular, with full respect for Article 6, which refers to the cases in which it may require Legal treatment of personal data is considered lawful51. 6. CONCLUSION Considering all of the above, it can be concluded that tourism has especially taken advantage of the use of ICT to improve economic returns, something that is legitimate but also has a negative side. Furthermore, the fact is that the proliferation of its use has allowed us to increase very significantly the number of tourists that visit us, especially in some destinations, which generates situations of environmental and social stress that can lead to unsustainable tourism development in the medium and long term. 49 VALERO TORRIJOS, J., “El Big Data en las Administraciones Públicas: El Difícil Equilibrio Entre Eficacia de la Actividad Administrativa y Garantía de los Derechos de los Ciudadanos”, in AAVV: Big data. Retos y oportunidades. Actas del IX Congreso Internacional Internet, Derecho y Política. Universitat Oberta de Catalunya, 25 and 26 June 2013, pp. 127-137. 50 BAUZÁ MARTORELL, F. J., “Big data y open data en la administración turística: acceso y reutilización de la información”, op. cit., p. 26. 51 Public administrations may treat data lawfully, according to Article 6.1.e RGPD when the “treatment is necessary for the fulfilment of a mission carried out in the public interest or in the exercise of public powers conferred on the controller”.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==