<p>Artificial Intelligence-enabled Assistive Technologies (AI-enabled ATs) are increasingly used to enhance independence, rehabilitation, and social inclusion for persons with disabilities (PWD). However, these technologies rely on the continuous collection and processing of sensitive personal and health-related data, raising significant concerns about privacy protection and digital health governance. Although China has established a multi-layered legal framework for personal information protection, existing regulations remain largely general and insufficient to address the specific vulnerabilities associated with disability-related data. Drawing on normative and comparative legal analysis, this study examines China’s personal information protection regime in light of international regulatory approaches, including the EU General Data Protection Regulation (GDPR) and Australia’s Privacy Act. The analysis reveals structural gaps in the current framework, particularly regarding the classification and protection of data generated by AI-enabled ATs. Such data should be recognized as sensitive personal information requiring heightened safeguards. Yet existing regulatory mechanisms face legitimacy and effectiveness challenges, as traditional informed consent models and generalized legal provisions fail to adequately capture the heightened risks faced by PWD. These challenges are ultimately rooted in an imbalance of interests among key stakeholders involved in AI-enabled ATs data governance, whereby PWD often bear disproportionate privacy risks while having limited influence over data-related decision-making processes. To address these challenges, the study introduces stakeholder theory and develops an adapted Social License to Operate (SLO) pyramid model tailored to disability contexts. By structuring legitimacy, credibility, and trust as progressive governance boundaries, the proposed framework integrates legal compliance with participatory governance and emphasizes the active involvement of PWD in data governance processes. This study highlights the need for disability-oriented approaches within personal information protection regimes and contributes to ongoing discussions on inclusive digital health governance. The findings provide insights for improving China’s regulatory framework while also informing broader comparative debates on responsible AI deployment and equitable data governance in the digital era.</p>

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Data protection for persons with disabilities in AI-enabled assistive technologies: bridging gaps in China’s legal framework

  • Zhaodi Yu,
  • Zhenxiang Xu,
  • Jiangang Qi

摘要

Artificial Intelligence-enabled Assistive Technologies (AI-enabled ATs) are increasingly used to enhance independence, rehabilitation, and social inclusion for persons with disabilities (PWD). However, these technologies rely on the continuous collection and processing of sensitive personal and health-related data, raising significant concerns about privacy protection and digital health governance. Although China has established a multi-layered legal framework for personal information protection, existing regulations remain largely general and insufficient to address the specific vulnerabilities associated with disability-related data. Drawing on normative and comparative legal analysis, this study examines China’s personal information protection regime in light of international regulatory approaches, including the EU General Data Protection Regulation (GDPR) and Australia’s Privacy Act. The analysis reveals structural gaps in the current framework, particularly regarding the classification and protection of data generated by AI-enabled ATs. Such data should be recognized as sensitive personal information requiring heightened safeguards. Yet existing regulatory mechanisms face legitimacy and effectiveness challenges, as traditional informed consent models and generalized legal provisions fail to adequately capture the heightened risks faced by PWD. These challenges are ultimately rooted in an imbalance of interests among key stakeholders involved in AI-enabled ATs data governance, whereby PWD often bear disproportionate privacy risks while having limited influence over data-related decision-making processes. To address these challenges, the study introduces stakeholder theory and develops an adapted Social License to Operate (SLO) pyramid model tailored to disability contexts. By structuring legitimacy, credibility, and trust as progressive governance boundaries, the proposed framework integrates legal compliance with participatory governance and emphasizes the active involvement of PWD in data governance processes. This study highlights the need for disability-oriented approaches within personal information protection regimes and contributes to ongoing discussions on inclusive digital health governance. The findings provide insights for improving China’s regulatory framework while also informing broader comparative debates on responsible AI deployment and equitable data governance in the digital era.