The Digital Personal Data Protection (DPDP) Act, 2023, requires guardian consent before companies can process personal data of disabled individuals with lawful guardians, a provision that complicates use of mainstream assistive technologies, a report launched on September 23 highlights. The report, Incidental Accessibility: How Mainstream Technology Is Expanding Accessibility in India, focuses on how this consent framework affects users relying on AI-enabled devices and smart gadgets for accessibility, according to medianama.com.
The report by The Quantum Hub (TQH) is based on interviews with five disabled users who depend on mainstream consumer devices as assistive technology. For example, Rahul Gambhir, who is blind, uses AI smart glasses; Shishir Bhatnagar, a wheelchair user, controls his home via smart speakers; and Amrit Hallan, with limited finger mobility, uses dictation software. The DPDP Act’s Section 9 mandates guardian consent without considering if the individual can consent themselves, complicating the use of technologies that rely on personal data processing as their core accessibility function, medianama.com explains.
This consent requirement poses challenges because assistive technologies like smart speakers, AI glasses, and dictation software inherently process personal data to function. The report notes that India’s consent framework was not designed with these accessibility needs in mind, and most provisions of the DPDP Act will only come into force in 2027. The findings underscore tensions between data privacy laws and the practical needs of disabled users relying on data-driven assistive tools, medianama.com states.
The report was launched in New Delhi on September 23 and highlights ongoing issues in balancing data protection with accessibility. The DPDP Act’s enforcement is pending, with most rules set to take effect in 2027, leaving a critical window for stakeholders to address these consent-related challenges for disabled users of mainstream assistive technologies, medianama.com reports.