Overview of ATI and Its Significance
ATI, or Assistive Technology and Information, is a term that encompasses all technologies designed to aid those with disabilities. From the beginning, ATI has been about making the world more accessible for people with disabilities, allowing them to engage with technology in the same way as their able-bodied peers. With the ever-evolving nature of technology, the definition of what falls into the realm of ATI is becoming both broader and more specific. Broad enough to include anything from screen readers to haptic feedback devices, yet precise enough to ensure that each individual piece of ATI is focused on addressing the unique challenges that people with disabilities face.
The importance of ATI in modern technology cannot be overstated. With more and more aspects of our daily lives becoming reliant on technology , ensuring that this technology is accessible for everyone is not just important, it is critical. As ATI continues to develop and grow, so too does our understanding of the ethical and legal considerations which surround it.
In order to ensure that everyone benefits from the technological advances of the future, legal and ethical considerations must be at the forefront of every technological development. This includes not only the way in which technology is created, but the way that it is marketed, sold, and supported after the sale. By making sure to address these considerations, we ensure that we are creating a world where everyone is included, and that progress is made at the benefit of all humankind.
Key Ethical Implications of ATI
As assistive technology is developed and deployed, issues surrounding accessibility, user consent, and the balance of innovation and user rights are critical.
Accessibility and Equity
Equity is a growing concern for users of all demographics. For this reason, accessibility is an issue that developers must face. Anytime a new technology is introduced, and in particular an accessible technology, the concern is that it has not been tested properly with all user groups. The potential list of concerns is large and includes items such as: does the technology reach all demographics in a proper range of colors, languages and other important aspects? Are there any sensory or healing effects that could be damaging? Accessibility often costs more for a company to develop, but society must recognize the importance. From the humanity perspective, everyone should be able to access technology. From the business perspective, there are more people using the technology for good.
User Consent
By definition, all technologies require some sort of user consent in order to access and use them. However, the term user consent has long been a murky and confusing topic. Typically, a user agrees to certain terms and conditions prior to using the system. In some instances, the actual use that a user may have in mind for the technology may not be specifically addressed. Other times, the use may be somewhat ambiguous. As a result, the acceptance of any pre-existing terms and conditions can be thought of as a blanket consent.
For developers, user consent can be a gray area because it is often difficult to tell what the user is consenting to or implicitly agreeing to. It is also often unclear to the user what their consent is actually granting permission for. Given the recent incidents within the artificial intelligence realm, the world is becoming more aware of the gray nature of consent.
Ethical relationships between developers and users, should be built on explicit and transparent agreements. User consent remains one of the more difficult areas, and will continue to be an ongoing topic of consideration.
Legal Implications of ATI
There are various legal and regulatory frameworks that govern the development, distribution and utilization of assistive technology. National laws and regulations focus on accessibility to public places as well as accessible design and construction. International standards also impact the scope of and obligations in the market for both assistive technologies and edtech.
Internationally, the Convention on the Rights of Persons with Disabilities ("CRPD") adopted in 2006 requires state parties to facilitate access to assistive technology. The Convention defines "assistive technology" broadly to mean anything that helps a person get and use information in different ways, such as products (devices), services, and systems. Article 4.1 (g) recognizes the importance of research and development of, and promoting the availability of, universally designed assistive technologies and services. For Europe, the European Parliament has also issued a resolution on enhancing the accessibility of public sector bodies’ websites and mobile websites (2018/2015(INI)) which calls for the European Commission to develop standard specifications for the accessibility of assistive technology products or services.
In the United States, the Americans with Disabilities Act ("ADA") governs accessibility in buildings and other public places. The Department of Justice and the Department of Education have also issued guidance on what is required in educational settings. Under the Individuals with Disabilities Education Act ("IDEA"), school districts are required to consider whether students need assistive technology devices or services to benefit from special education efforts and other related services. School districts are also required to provide special education services to eligible students with disabilities, including the continued provision of those services when transitioning to institutions of higher education.
The 21st Century Communications and Video Accessibility Act ("CVAA") requires manufacturers of digital and video video-programming apparatus to make telecommunication products such as phones, now increasingly covered by software, accessible. Video programmers must ensure that their products, increasingly used with digital apps, are capable of conveying closed captions.
The Federal Communications Commission ("FCC") is currently reviewing its regulatory framework on the accessibility of advanced communications services ("ACS") and functionality of ACS equipment, including through mobile apps. The FCC requires ACS providers to make their services accessible, including by removing barriers for people with disabilities.
State-level initiatives may also exist to promote access to new digital tools. For example certain U.S. states require a disability-related feature that is hidden within a technology product to be disclosed within instructions (such as colorblindness adaptations) or provided upon request by the manufacturer.
As technology advances, accessibility is assured through the application of future standards and practices to develop products that effectively take into account the needs of persons with disabilities.
Privacy and Data Security Issues
The use of assistive technologies raises privacy concerns both in the workplace and in public spaces. Personal data about disabilities of applicants or employees, such as medical information, could be collected and used by the employer for its own purposes, including to inform decisions about hiring or promotion, and as a rationale for disciplinary action or termination. Likewise, in public spaces, there have been concerns about the collection and misuse of sensitive information in public and semi-public places, such as retail establishments, airports, and transportation services. Thus, employers and vendors deploying assistive technologies should take care to minimize privacy risks through appropriate practices, policies, and controls, and should ensure that a user’s personal information is not used for unintended purposes. As with any other type of data, information collected from or about a person with a disability is protected by numerous federal and state data protection laws. For example, medical information, ranging from a person’s medical history to more sensitive information such as an HIV/AIDS status, has specific protections under federal laws and regulations, such as HIPAA and Title I of the ADA, as well as state and local laws regarding medical privacy. Regulators and legislators scrutinize how organizations—the companies that provide assistive technology to consumers included—use, store, share, transmit, access, and protect users’ personal data, sometimes imposing significant penalties. A failure to follow those obligations can carry steep penalties and result in loss of customer trust. Privacy concerns are also implicated in a number of developing areas, such as remote biometrics (including facial recognition, fingerprint identification, and iris scanners) increasingly in demand in the private and public sectors. While the ADA does not specifically govern biometric information, it does protect the use of an individual’s disability status and medical information. Further, biometrics may trigger video or audio recording requirements under state and local laws and potentially conflict with state privacy bans on biometric data.
Striking the Balance Between Innovation and Ethics
The challenge with creating ethical practices within an ATI environment is ensuring that the methods are innovative, effective and do not perpetuate discrimination against regulatory non-compliant businesses and consumers. Good regulatory compliance measures and inclusive growth procedures should be an inherent part of the technical architecture of an ATI solution, which may minimize the need for complex procedural rules , other than the simple requirement of being as compliant as possible. Being future-proofed by either employing astute employees or having a detailed audit trail or accurate data sets can become easier to provide if regulatory compliance is baked into the technology from the outset. Having systems in place to facilitate regulatory compliance requirements will help reduce the cost and time for complying with requests from the relevant authorities.
It is important to establish whether ethical compliance requirements are mandatory or advisory; mandatory obligations may have a clearer legal framework and sanctions for breaches.
It is also important to ensure that the appropriate level of ethical standard is created throughout the entire business value chain. Any inconsistency in the application of ethical standards may undermine the success of the business and brand values. May success or non-compliance by one provider affect the business of another provider in the same value chain, and can this be addressed without incurring unacceptable costs?
Clear communication and an ongoing relationship between business partners, developers, users and regulators and/or quasi-regulators will help ensure that ethical matters are dealt with in a responsive and meaningful way (and that expectations are met, where possible).
Emerging Trends and Legal Considerations for ATI
As assistive technology continues to increase in sophistication, the line between medical and non-medical devices is blurred even further. Understanding how and when certain assistive technology products may be reclassified as a medical device is essential to ensuring compliance with all relevant requirements. The Office for National Statistics estimates that the number of people aged 65 years or over will have increased to 16.2 million in 2040. Future trends for assistive technology products are likely to fit into one of three categories: Government investment in assistive technology products has increased in recent years to address the needs of this aging population. For example, in November 2017 the UK government appointed the first Minister for Loneliness specifically to tackle issues of social isolation and loneliness, particularly among older generation citizens. As such, it is essential when examining the future of assistive technology in the United Kingdom to explore how ongoing technological advancements could shape the regulatory landscape.
Conclusion
Addressing ethical and legal considerations in ATI environments is an ongoing challenge affecting many people across industries and the globe. These challenges, including issues around consumer protection, pricing, data management, privacy, and information sharing, require significant consideration. They can also be daunting for any one person or organization to address as each stakeholder does not have the power to unilaterally impose a solution that all believe to be satisfactory .
A variety of approaches to address the ethical and legal challenges of ATI have been proposed, each with the underlying goal of providing an appropriate level of consumer protection and data interoperability. However, no single approach will necessarily solve every situation encountered, as the reality of shared responsibility means the various stakeholders must continue to consult and collaborate to respond to changing situations.