How Could Equality and Data Protection Law Shape AI Fairness for People with Disabilities?

TL;DR

This paper explores how data protection and equality laws uniquely influence AI fairness for people with disabilities, proposing a specialized legal approach to better protect and empower this group.

Contribution

It introduces a new framework for AI fairness tailored to disabilities, integrating data protection and equality law to enhance protections and opportunities.

Findings

Legal distinctions affect AI fairness for disabilities

Combining laws creates new opportunities for advocacy

Framework supports better AI regulation for disabled people

Abstract

This article examines the concept of 'AI fairness' for people with disabilities from the perspective of data protection and equality law. This examination demonstrates that there is a need for a distinctive approach to AI fairness that is fundamentally different to that used for other protected characteristics, due to the different ways in which discrimination and data protection law applies in respect of Disability. We articulate this new agenda for AI fairness for people with disabilities, explaining how combining data protection and equality law creates new opportunities for disabled people's organisations and assistive technology researchers alike to shape the use of AI, as well as to challenge potential harmful uses.