Enforcing eAccessibility: is the current legal framework adequate?

Abstract

Regulating the web and information and communication technology (ICT) is a hot-button issue that often becomes misconstrued as the self-interests of private parties. In fact, ensuring accessibility for people with disabilities is often not a priority for companies that provide ICT goods and services. In this manner, people with disabilities are excluded from the global ICT market, which presents a problem of rights assessment and a market gap. By examining the way law and policy implement and augment the state of eAccessibility, this article aims to critically assess the eAccessibility legal framework. It focuses on the United Nations Convention on the Rights of Persons with Disabilities, the European Union relevant legislation, and on national legislation, taking as a case study two representative countries: Ireland and Spain. These countries have been chosen due to their high and low ‘Measuring eAccessibility’ scores, respectively. The particular technology chosen for examination includes websites, self-service terminals and mobile phone apps.

Keywords:

• eAccessibility
• legal framework
• European Union

Conflict of interest disclosure

No potential conflict of interest was reported by the author.

Notes

1. A Public consultation of all European citizens, including persons with disabilities and older people was conducted from December 2011 to February 2012 as an information gathering activity for a proposed European Accessibility Act.

2. In October 2014, Technosite was renamed Ilunion but will still be referred to as Technosite throughout this article.

3. Consumer legislation remains outside of the scope of this article hence was not included in the analysis.

4. With 159 signatories and 153 ratifications as of November 2014, the Convention is the fastest negotiated human rights treaty in the history of the UN. Under the UNCRPD there are no underlying standards or specific requirements recommended, nor do they make specific definitions of what a disability is.

5. Disability Discrimination Act 1995 and Americans with Disabilities Act of 1990.

6. Communication from the Commission, ‘eAccessibility’ of 13 September 2005, COM (2005) 0425 final. European Commission. 2006. Ministerial Declaration on ICT for an inclusive information society. COM 2007 694 ‘European i2010 initiative on e-Inclusion “To be part of the information society”. Communication from the Commission, Towards an accessible information society’, of 1 December 2008, COM (2008) 0804 final. Commission Staff Working Paper, ‘Towards a Renewed Social Agenda for Europe – Citizens’ Well-being in the Information Society’ of 2 July 2008, SEC (2008) 2183 final.

7. The accessibility of websites and SSTs were examined thoroughly throughout the MeAC study but it should be noted that mobile apps were not examined in detail. It has sections regarding mobile web and e-learning platforms, however these go outside the scope of this study.

8. Commission Regulation (EC) No 987/2009 on laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, OJ 2004 L 284/1

9. Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’), OJ 2000 L 178/1.

10. Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’), OJ 2005 L 149/22.

11. Communication from the Commission, ‘eEurope 2002: Accessibility of Public Web Sites and their Content’ of 25 September 2001, COM (2001) 529 final.

12. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ 2001 L 145/43.

13. Council Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 amending Regulation (EEC, Euratom) No 354/83 concerning the opening to the public of the historical archives of the European Economic Community and the European Atomic Energy Community, OJ 2003 L 243/1.

14. Proposal for a Directive on the Accessibility of Public Sector Bodies’ Websites of 3 December 2012, COM(2012) 721 final.

15. Disability Act 2005. Oireachtas, Act Number 14 of 2005.

16. Law 34/2002 on Information Society Services and Electronic Commerce of 11.07.2002 BOE 166/25388. Law 51/2003 on Equality of opportunities, non-discrimination, and universal accessibility for people with disabilities (LIONDAU) of 02.12.2003 BOE 289/ 43187. Royal Decree 209/2003, on the Importance in the implementation of the electronic Administration of 28.02.2003 BOE 51/8085. Law 59/2003 on Electronic Signatures of 20.12.2003 BOE 304/24329.

17. Law 49/2007 on the system of offences and penalties relating to equal opportunities, non-discrimination and universal accessibility for people with disabilities is established of 27.12.2007 BOE 310/53278