Data Protection for Persons with Disabilities: Gaps, Challenges, and the Way Forward

In the digital age, personal data is increasingly collected and processed, raising significant concerns about privacy, consent, and data security. India’s Digital Personal Data Protection Act (DPDPA) of 2023 marks a critical step in safeguarding digital privacy. However, challenges persist, particularly for persons with disabilities (PwDs). The DPDPA mandates verifiable consent for processing the data of PwDs, requiring approval from a legal guardian. This provision, however, oversimplifies guardianship,treating all PwDs as incapable of decision-making, which undermines their autonomy. Furthermore, the Act lacks specific provisions for digital accessibility, such as screen-reader compatibility or sign language options, which are essential for PwDs to provide informed consent independently. The treatment of PwDs alongside children in the Act also reflects a paternalistic approach, ignoring the heterogeneity within disabilities and the varying capacity of PwDs to make informed decisions. This not only undermines their autonomy but also contradicts India’s commitments under the Rights of Persons with Disabilities Act, 2016, and the UN Convention on the Rights of Persons with Disabilities (CRPD), both of which emphasize independent decision-making and equal access to digital services. To address these gaps, experts recommend separating PwDs from children in consent provisions, recognizing individual decision-making capabilities, and expanding the definition of disability to include temporary disabilities. These reforms would better align with international standards, ensuring that PwDs can engage in the digital economy with dignity, autonomy, and equal access.