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

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.