Spain’s New Law On Collecting Tourist Information Raises Concerns

Hostile actions taken by Spain against tourists in various destinations over the past year are making it increasingly hard to believe that the country still values its tourism industry.

First, Barcelona raised tourist taxes multiple times within a single year. Then, more than 10,000 tourist apartments were banned. Now, the government plans to collect up to 18 new personal details from tourists starting December 2—potentially jeopardizing EU data protection regulations.

This measure was originally scheduled to be implemented on October 1, but it had to be postponed because most hotels failed to upgrade their systems in time.

It’s crucial to understand that the Spanish Confederation of Hotels and Tourist Accommodations (CEHAT) has voiced its categorical opposition to the measure.

Antonio Presencio, President of Horeca Hoteles Zaragoza, explained that the Ministry of the Interior’s request conflicts with a series of European Union regulations, putting the hospitality sector between a rock and a hard place due to the legal uncertainty surrounding complying with this new measure.

Up until now, when tourists check-in to a hotel or accommodation in Spain, they know they must provide personal information such as their national ID, passport and even some credit card details.

But from December, travelers will also have to provide 18 new data points, including payment methods, financial transactions, home address and even the nature of their relationship with the people they’re sharing a room with—seriously?

Presencio warns that collecting such sensitive data could jeopardize businesses, as any security breaches would leave hotels—which are privately owned enterprises—legally responsible for protecting this information.

The new controversial regulation stems from a modification of Royal Decree 933/2021, which dictates the tourist data that accommodations in Spain must collect and submit to the police on a daily basis.

The implementation of this regulation not only places financial strain on the sector due to the unexpected need for tech investments but also imposes a “disproportionate administrative burden,” which translates into a “competitive disadvantage” compared to other accommodations that are not forced to comply with this mandate, explains Presencio.

In the same vein, CEHAT, which represents 16,000 hospitality businesses across Spain, argues that the problem is not the tech adaptation but rather the “incompatibility with the reality of the tourism industry” and the “legal insecurity” that implementing such a measure may bring.

The organization clarifies that the European Union has also expressed opposition to this measure, as it requires hotels to share highly sensitive guest information with authorities through a new application.

CEHAT went on to express concerns that extend beyond hotels and accommodations, indicating that this measure is also negatively impacting tourist agents and tourist platforms.

Fortunately, in today’s ultra-connected world, travelers can simply choose destinations where they feel more comfortable and aren’t bothered by such regulations.