PROTECTING DISABILITY RIGHTS IN THE DIGITAL ECONOMY THROUGHEMERGING DATA LAWS

Abstract

Disability rights are human rights, which guarantee that persons with disabilities (PWDs) have the right to take part in social, economic, political, and cultural life in their entirety. The digital economy in this day and age (which encompasses online services, e-commerce, digital service provision, remote work, and artificial intelligence) can only be meaningfully included when access to digital systems is provided. Although fast-paced technological advancements have enhanced delivery of services and provision of job opportunities, they have also posed new challenges to the PWDs, such as the issue of accessibility, privacy risks, and discriminatory data practises. This essay discusses ways of applying emerging data protection laws like the GDPR and CPRA to safeguard the disability rights in the digital economy. The accessibility recognition on the constitution in India has enhanced disability inclusion. In Pragya Prasun v. In Union of India (2025), the Supreme Court ruled that the access was included in the right to life and personal liberty of Article 21 of Indian Constitution. Similarly, in Rajive Raturi v. The Court in Union of India and Others, accessibility was identified as a part of dignity and freedom of movement under Article 21. The paper states that disability inclusive method of data protection should be not only a legal but also a human dignity and equal participation necessity

Keywords: Disability rights, digital economy, human rights, inclusive technology, emerging data laws, legal frameworks.

Introduction

The term “digital economy” refers to the economic activity that results from the use of digital technology to link people, companies, devices, data, and processes. It includes online transactions and transactions that occur across several industries and technological platforms, including big data, mobile technology, the internet, and information technology. This era has seen drastic improvements in the digital economy, and the emergence of the digital economy has changed how people communicate, work, and live. This change presents notable problems as well as new opportunities for people with impairments. Digital technologies can increase social inclusion, independence, and accessibility, but they should be adequately controlled. India and countries worldwide have implemented various legal measures to protect personal data and ensure digital inclusivity.

Disability rights in the era of digital technology highlight the acknowledgment and safeguarding of rights for individuals with disabilities within the sphere of digital platforms. This concept involves guaranteeing equal access, engagement, and opportunities for people with disabilities in the online environment. It encompasses the necessity of making websites, mobile applications, digital media, and online services accessible to those with various disabilities, including visual, auditory, cognitive, or motor challenges. The aim of promoting disability rights in the digital age is to foster inclusivity, prevent discrimination, and ensure the complete integration of individuals with disabilities into the digital community, allowing them to fully exercise their rights, communicate, and participate in different online activities on equal terms with everyone else.

Digital discrimination not only prevents individuals with disabilities from accessing and benefiting from digital platforms but also reinforces inequality, exclusion, and marginalization. It obstructs their ability to engage in social, educational, economic, and cultural activities that increasingly depend on digital technology. Addressing digital discrimination is essential for guaranteeing equal opportunities, fostering inclusivity, and protecting the rights of persons with disabilities in the digital era.

Importance of digital Accessibility for the differently abled

The lack of access to apps, websites, and other digital content excludes persons with disabilities in terms of access to information, education, social interaction, and employment. Unavailable social media and communication sites lead to isolation, and unavailable learning and career building sites limit education and career progression. These barriers have been identified by the Indian courts and accessibility reforms are required. In Rajive Raturi v. The Delhi High court ordered the Staff Selection Commission to provide its online examination system to the Union of India. Equally, in The National Federation of the Blind (NFB) filed a Public Interest Litigation (PIL) with the Delhi High Court in the matter of NFB v. Union Public Service Commission (UPSC), alleging that blind candidates could not access the UPSC’s online test system. The UPSC was directed by the court to take the required measures.

Web Accessibility and disability rights

Websites and technologies are evolved so that people with impairments can use them. This helps them to recognize, comprehend, navigate, and engage with the web. Web accessibility involves all the disabilities that affect access to the web, including auditory, cognitive, physical, speech, visual, and neurological. Web accessibility is essential to disability rights, as it encourages digital participation, allowing persons with disabilities to access online education, jobs, and public information. It also prevents digital exclusion. It enforces the principle of non-discrimination and equality as per article 5 of the UNCRPD.

Digital Accessibility Issues that Differently Abled Persons Encounter with digital content on websites 

According to differently abled individuals, there are a few accessibility barriers they encounter while operating digital content like websites and emails and in the workplace.

In the workplace: The automatic entry system, i.e., face scanners, is usually placed at the average height of a normal individual. This makes it difficult for differently abled individuals who rely on wheelchairs. 

Incompatibility with the screen:

When Windows software was introduced on November 20, 1985, it was incompatible with the screen readers used by people with visual impairment.

Non-availability of captions:

Captions/subtitles for a video that could help individuals with sensory impairment. Non-availability of captions makes the content inaccessible to them.

No alternative text:

People with limited or no vision cannot understand what is being communicated online without alternative text. According to research on the things that annoy blind people when using the internet, the absence of alternative text is the biggest problem. Articles featuring visual content, such as charts and graphs, are inaccessible to them unless the authors include alternative languages that describe the material. For the sake of accessibility, captions are a must for any photographs shared in papers or on social media. Unfortunately, AI is still in its early stages. It isn’t precise.

Lack of Titles

Titles should be included in the majority of papers. People usually don’t like to read word-for-word; it will be very beneficial for people who use assistive technology. It saves a lot of time and provides clarity.

Hashtags and formatting

Limited usage of hashtags gives the best results. Instead of inserting them within the sentences, putting them at the conclusion of a post makes them easier to read. This will help to deliver the content for people with visual impairments or assistive technology.

Digital Accessibility gaps faced by persons with disabilities related to government websites

It has been demonstrated that there are huge disparities in digital accessibility in India. A CIS report established that out of 7,800 government web sites, only 52 were made available to people with a visual handicap whereas 5,815 were such that access was easily refused. In an announcement to the Rajya Sabha (9 December 2022), the Central Government only reported having 45 out of 95 websites that accessed accessibility requirements during COVID-19. Through a DEPwD-ERNET campaign, 647 webpages were opened up out of 917 targeted as of December 2022. These results lead to the fact that, although technology has a great potential to facilitate inclusion, its advantages are not fully used since accessibility implementation is poor. 

Legal mandates and guidelines promoting online accessibility

1. The Rights of Persons with Disability Act, 2016: The Right of Persons with Disability Act 2016 is the main law protecting disabled people’s rights to full participation. To make technological services accessible to people with disabilities, the Act includes Section 2(y) “Reasonable Accommodation,” Section 40 on “Accessibility,” and Section 42 on “Access to Information and Communication Technology.”
2. Rights of Persons with Disability Rules, 2017: The 2017 Rules under Rule 15 (2) require ministries and departments to comply with accessibility requirements. Legal mandates and guidelines promoting online accessibility.
3. Web Content Accessibility Guidelines (WCAG): The WCAG specifies how to make websites accessible to disabled people. Different WCAG versions are available, although following them is optional. Perceivable, operable, comprehensible, and resilient are its principles. It facilitates compliance and disability accommodation.

 National Policy for Universal Electronic Accessibility: The National Policy (“Policy”) on Electronic Accessibility prohibits disability discrimination and promotes equitable access to electronics and ICTs. The National Policy acknowledges the variety of differently abled people and addresses their needs. The policy addresses stakeholder accessibility criteria for electronics and ICT. It understands the necessity to follow accessible standards, rules, and universal design ideas.

Guidelines for Indian Government Websites (GIGW) GIGW provides a framework for WCAG 2.0-compliant website design. GIGW audits allow websites to be certified by the Standardization Testing and Quality Certification Directorate. 

CERT-In (Indian Computer Emergency Response Team) Guidelines

The website of CERT-In is designed with assistive technologies, such as screen readers and Non-Visual Desktop Access (NVDA), and is available for those with visual impairments. This can make a change for differently abled people because if, in any unfortunate situation, they are a cybercrime victim, then government cybersecurity portals with high-value digital touchpoints can help them. Portal accessibility has opened doors for seamless incident reporting, alerts, and recovery steps. There is a dedicated help page to learn about the accessibility options available to users.

Accessible India Campaign (Sugamya Bharat Abhiyan) & DEPwD guidance

The key guidelines of the Accessible India campaign are the elimination of physical and informational barriers. The key guidelines of the Accessible India campaign are the elimination of physical and informational barriers. DEPwD sets forth national objectives for the built environment, transportation, and information and communication technology. Academic evaluations show promising intentions, but there is inconsistent application: while awareness is increasing, audits and empirical research highlight deficiencies in website/ICT accessibility and the built environment; proposals advocate for education in universal design and more rigorous oversight. Research implications: Various studies indicate that integrating the campaign with WCAG adherence, developer education, and public accessibility certifications may help close the gap between policy and practice. DEPwD Digital Accessibility Guidelines (2018 onward).

Digital Personal Data Protection Act, 2023 (DPDP Act)

The Digital Personal Data Protection Act, 2023, establishes a legal framework for the protection of digital personal data. Drawback in this act: It specifically didn’t have any mention of disability-sensitive mechanisms, guardian/representative rules, or consent mechanisms.

Enforcement/litigation trend (courts, CCPD actions)

In the current day, Indian courts are recognizing accessibility as a right. Public interest litigation has driven phased connections. In the U.S. and California, the courts and administrative actions have propelled businesses to design websites and privacy controls that are accessible.

OHCHR, Rights of persons with disabilities and digital technologies, and Convention on the Rights of Persons with Disabilities.

OHCHR, Rights of persons with disabilities and digital technologies. This report is submitted to Human Rights Council resolution 55/8; it contains an examination of the rights of persons with disabilities and digital technologies and devices, including assistive technologies. This report has defined “digital technologies” and “assistive technologies.”  The report emphasizes a disability-rights-based approach to care, support systems, and digital inclusion for persons with disabilities. The report also identified major challenges being faced by differently abled people. And the Convention on the Rights of Persons with Disabilities is adopted on 12 December 2006.

GDPR

The GDPR facilitates the incorporation of disability into digital governance as it connects the data protection and accessibility. Article 9(1) categorizes disability and health data as sensitive and it is important to have explicit consent and greater protection against profiling and discrimination. Articles 12-14 and Recital 39 provide that privacy information shall be easy to understand and be made available to all the users even persons with disabilities. Privacy by Design (Article 25) makes legal systems design accessibility-based and consent and privacy settings unavailable inaccessible and not compliant with the law. The rights of the subjects of data (Articles 15-22) should be exercised via accessible interfaces and Article 22 and 35 prevents discriminatory automated decision-making. Together with the European Accessibility Act, 2019, the GDPR guarantees the privacy and accessibility of the digital economy.

Artificial Intelligence in relation to disability

Artificial Intelligence in relation to disability Artificial intelligence, a recently evolved concept in technology. It is focused on making machines that have the ability to perform tasks with the same abilities as a human brain. Examples: natural language processing, image analysis, and recommendation engines. The right use of AI can benefit differently abled people by assisting them with their mobility and providing a clear roadmap to reach their goals. AI-driven prosthetics are a form of digital technology that has improved mobility for people with limb impairments, speech issues, and vision impairments. 

AI in healthcare is not just limited to prosthetics also to other healthcare innovations such as Precise diagnosis: Accurate diagnosis is important in disability support, and AI, with the vast amount of data it has, can accurately diagnose. It can reduce the likelihood of misdiagnosis.

Personalized treatment plans: AI platforms analyze individual health data and propose individualized health analysis and care solutions.

Rehabilitation: AI-driven rehabilitation provides options for those with mobility or motor function problems. AI algorithms improve rehabilitation programs by dynamically adjusting treatment depending on progress, enabling faster and more effective recovery. This tailored approach speeds recovery and increases functional independence.

Language processing tools: Speech recognition helps people with vision, hearing, or speech problems to communicate and express themselves. These tools encompass speech recognition software, language translation applications, and text-to-speech conversion systems. AI provides real-time translation, removing linguistic barriers.

STEM inclusivity initiatives: STEM inclusion refers to ensuring that everyone, notwithstanding gender, race, ethnicity, socioeconomic status, or ability, is faced with no obstacles in opting for and excelling in fields of science, technology, engineering, and mathematics. AI-powered material may also provide precise instructions and visual aids for STEM-challenged students. This creates a more inclusive environment and encourages disabled people to pursue STEM careers.

Recommendations and Policy Proposals

Legal Reforms: 

1. Amend DPDP Accessible Consent and Privacy-by-Design Rules. The DPDP Act, 2023, is to be changed to require convenient consent interfaces to those with disabilities. The digital platforms should be compatible with the assistive technologies used by people like screen readers and voice navigation. Privacy-by-design and accessibility-by-default must be mandatory, and fintech, health-tech, and e-governance standards, e.g., under the RPwD Act, 2016 and WCAG 2.2 should be. This will guarantee informed and independent consent among the disabled users.
2. Include disability-specific impact assessments in Data Protection Impact Assessments (DPIAs).

It must have disability-specific impact measures to determine accessibility, privacy risks, and discrimination. Organisations that deal with data of persons with disabilities need to seek advice of disability experts and the Data Protection Board of India is required to provide standardised inclusive DPIA guidelines to maintain equality and non-discrimination on the basis of disability under the UNCRPD.

Institutional Mechanisms:

1. National Accessibility and Data Rights Audit Authority (NADRAA). An independent body under MeitY and DEPwD must be in charge of accessibility and data protection audit, a National Accessibility Index, impose fines and remedial measures, and a mechanism of redressing grievances of disabled users.
2. Integrate the Chief Commissioner for Persons with Disabilities (CCPD) with the Data Protection Board (DPB) for joint monitoring. The CCPD, established under the RPwD Act, has a mandate to ensure the protection and promotion of disability rights. However, its functioning does not extend to data governance and digital privacy issues. A structural integration between CCPD and DPB is necessary to enable joint monitoring and investigation of complaints involving digital exclusion or discriminatory data practices. Facilitate the exchange of expertise between the disability rights and data protection communities. Ensure the holistic enforcement of both accessibility and data privacy standards under a unified framework. This coordination would create a rights-based oversight model capable of addressing intersectional harms in the digital ecosystem. 

International Cooperation: 

India’s digital governance reforms must be globally harmonized with best practices to ensure both compliance and leadership in disability-inclusive data protection. This demands that it adheres to the UNCRPD, particularly the Articles 9 (Accessibility) and 22 (Privacy) in viewing accessibility and data protection as fundamental human rights. India ought to model its framework on the EU GDPR (Recital 71) and the CCPA, by factoring in accessibility in privacy notices, consent forms and transparency of algorithms. With such a focus, involvement in the G20 Digital Economy Working Group, OECD Digital Policy Committee, and G3ICT, and bilateral collaboration with nations like the UK, Canada, and Australia, would facilitate the process of harmonisation of best practises and making India a leader in inclusive digital governance.

Conclusion

Individuals with disabilities are quite susceptible to the digital economy whenever digital systems disregard their lived experiences. Laws have to directly deal with online discrimination. CRPD gives a good framework to address the issue of algorithmic bias, inaccessible interfaces, and discriminatory data practises based on its concepts of equality, non-discrimination, and reasonable accommodation. Equality should be real, as opposed to formal and this should include actual access to digital services and data rights and control of personal data. This requires disability-protected data protection legislation, compulsory accessibility norms, participatory design of AI, capacity-building, and policy-making to achieve actual digital inclusion. 

The “institutional and procedural safeguards” are vital for ensuring accountability in the digital realm. Rights declarations alone are insufficient without mechanisms that guarantee enforcement, oversight, and remedy. States must therefore establish independent auditing bodies, transparent review systems, and inclusive governance structures to monitor AI-related decisions affecting persons with disabilities. These measures would ensure that technological progress aligns with human rights obligations under the CRPD.

In conclusion, disability rights in the digital era could be safeguarded. As societies become increasingly data-driven, the inclusion of persons with disabilities in the design, governance, and oversight of AI systems becomes essential to maintaining human dignity and equality. The intersection of disability and digital governance thus demands not optional reforms but structural transformations in law, policy, and institutional design to ensure that technological progress truly serves all members of society.

REFERENCE(S):

1. Pragya Prasun & Ors. Vs. UOI & Ors. (2025 INSC 599) https://indiankanoon.org/doc/68332080/.
2. Article 21 of the Indian Constitution.
3. Rajive Raturi v Union of India 2017 INSC 1243 https://indiankanoon.org/doc/98908321/.
4. International Labour Organization & Fundación ONCE, *An Inclusive Digital Economy for People with Disabilities*  27 (2021), available at [https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40dgreports/%40gender/documents/publication/wcms_769852.pdf](https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40dgreports/%40gender/documents/publication/wcms_769852.pdf).
5. Ibid.
6. National Federation of the Blind v. Union of India 156 (2009) DLT 446 Writ Petition (C) No.15828/2006.
7. Convention on the Rights of Persons with Disabilities art. 5, Dec. 13, 2006, 2515 U.N.T.S. 3.
8. W3C Web Accessibility Initiative, Captions for Videos and Media, https://www.w3.org/WAI/media/av/captions/.
9. Centre for Internet & Society, Accessibility of Government Websites in India: A Report (Aug. 10, 2016), https://cis-india.org/accessibility/accessibility-of-govt-websites.pdf.
10.  Rights of Persons with Disabilities Act, 2016, Act No. 49 of 2016, India (Dec. 27, 2016), https://niepvd.nic.in/the-rights-of-persons-with-disabilities-rpwd-act-2016/.
11. Accessibility: Guidelines and Attributes, Guidelines for Indian Government Websites & Apps (GIGW) (India), https://guidelines.india.gov.in/accessibility-guidelines-and-attributes/.
12. National Policy on Universal Electronic Accessibility, India, available at,https://www.india.gov.in/national-policy-universal-electronic-accessibility.
13. Guidelines for Indian Government Websites (GIGW), India Portal, https://guidelines.india.gov.in/.
14. Indian Computer Emergency Response Team (CERT-In), Ministry of Electronics & Information Technology, Government of India, Roles & Functions, https://www.cert-in.org.in/.
15. Accessible India Campaign (Sugamya Bharat Abhiyan), Ministry of Social Justice & Empowerment, Gov’t of India (2015), https://disabilityaffairs.gov.in/content/page/accessible-india-campaign.php.
16. Department of Empowerment of Persons with Disabilities (DEPwD), Ministry of Social Justice & Empowerment, Gov’t of India, https://disabilityaffairs.gov.in.
17. The Digital Personal Data Protection Act, 2023, Act No. 22 of 2023 (Ind.), Aug. 11, 2023, available at https://www.meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf.
18. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data (General Data Protection Regulation), 2016 O.J. (L 119) 1.
19. Maram Fahaad Almufareh, Sumaira Kausar and Mamoona Humayun et al. A Conceptual Model for Inclusive Technology: Advancing Disability Inclusion through Artificial Intelligence. JDR. 2024. Vol. 3(1). DOI: 10.57197/JDR-2023-0060.
20. Barman, Moumita, & Lubna Ludheen, *Data Protection for Persons with Disabilities: Gaps, Challenges, and the Way Forward* (Centre for Development Policy & Practice [CDPP] / Digital Empowerment Foundation [DEF] / Broadband India Forum [BIF] 2025), available at [https://www.defindia.org/wp-content/uploads/2025/07/Data-Protection-for-Persons-with-Disabilities-Gaps-Challenges-and-the-Way-Forward_25-July-2025.pdf](https://www.defindia.org/wp-content/uploads/2025/07/Data-Protection-for-Persons-with-Disabilities-Gaps-Challenges-and-the-Way-Forward_25-July-2025.pdf).
21. “The ‘protection of the law’ must be given life through effective procedural safeguards, including effective, adequately-resourced institutional arrangements. … A lack of effective oversight has contributed to a lack of accountability for arbitrary or unlawful intrusions on the right to privacy in the digital environment.”
22. International Labour Organization & Fundación ONCE, *An Inclusive Digital Economy for People with Disabilities*  27 (2021), available at [https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40dgreports/%40gender/documents/publication/wcms_769852.pdf](https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40dgreports/%40gender/documents/publication/wcms_769852.pdf).