Data protection and Inclusive AI: Assessing Risks from an ex ante perspective

Abstract

The development of Artificial Intelligence (AI) systems increasingly relies on the large-scale processing of personal data, including special categories of data, thereby raising significant data protection and privacy concerns for persons with disabilities. While AI-based technologies may enhance accessibility, autonomy, and social participation, data-intensive AI applications – particularly in healthcare, assistive technologies, and caregiving contexts – may also exacerbate existing vulnerabilities. Adopting an ex ante perspective, this contribution examines how the principles of data protection law interact with broader requirements of accessibility, non-discrimination, and respect for individual autonomy. Particular attention is devoted to the role of inclusive and representative datasets in AI training, as well as to the use of impact assessment mechanisms and the meaningful involvement of persons with disabilities in the design, deployment, and governance of AI systems.

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