Disability-oriented data protection in AI-enabled assistive technologies: bridging gaps in China's legal framework.

Abstract

Background: Artificial Intelligence-enabled Assistive Technologies (AI-enabled ATs) enhance independence and inclusion for persons with disabilities (PWD) but rely on sensitive personal data, raising significant privacy concerns. In China, existing laws provide a multi-tiered framework for data protection; however, they remain too general to address the unique vulnerabilities of disability-related data.

Materials and methods: Using normative and comparative legal analysis, this study examines China's personal information protection legal framework alongside international regimes such as the GDPR and Australia's Privacy Act to reveal structural deficiencies and draw lessons from global practice.

Results: The study demonstrates that data generated by AI-enabled ATs should be classified as sensitive personal information requiring stricter safeguards. Current regulations face legitimacy challenges, including weakened informed consent mechanisms and effectiveness gaps, as general norms fail to capture the heightened risks for PWD. To address these gaps, the study introduces stakeholder theory and develops an adapted Pyramid Model of the Social Licence to Operate (SLO), tailored to disability contexts. By aligning legitimacy, credibility, and trust as progressive boundaries, the model integrates compliance with participatory governance, ensuring that PWD move from passive data subjects to active co-governors.

Conclusion: The study highlights the importance of disability-oriented approaches within the personal information protection framework. By integrating stakeholder perspectives and participatory governance, the proposed framework contributes to safeguarding the rights of PWD while fostering responsible technological innovation. These insights carry implications for refining China's regulatory system and informing comparative debates on inclusive data governance in the digital era.