ABSTRACT

The general prohibition on the processing of special categories of data under Article 9(1) of European Regulation No. 679 of the 27th of April, 2016 (GDPR) is undoubtedly a preventive tool against potential discrimination targeting natural persons. However, this instrument may also give rise to implicit forms of discrimination when its application serves to legitimize – reinforcing it – a sentiment of indifference towards religious and cultural needs and diversity. Actors operating within the tourism industry represent an emblematic example of this dual nature. Yet, their interaction could also provide one of the many suitable contexts for rethinking an “alternative” and less “ambivalent” application of the GDPR.