| Abstract |
This article addresses, from a legal perspective, some of the challenges posed by "smart city" projects. These challenges are analyzed according to two concepts, transparency and control, which in the scenario of the "smart city" generate tensions. In the first place, we analyze the emergence of the concept of "smart city", and how, until now, this phenomenon, in Spain, is only being regulated directly and specifically through voluntary compliance technical standards. Secondly, we find that the main administrative regulations in force, which should govern the development of any initiative of this type, and that are related to the administrative procedure and electronic administration, public contracts, reuse of public information, access to information, transparency, good governance, and data protection have not been conceived to be applied to this scenario that is already unfolding before our eyes. This generates some imbalances that should be corrected without delay to guarantee respect for the principles, values and rights enshrined in our legal system. Finally, we expose several of the challenges and dangers that the implementation of AI based decision processes or the use of algorithms in the field of the smart city can entail and we propose several solutions to them. |