A/HRC/36/48 personal intimacy. Technology may also allow older persons to develop remote relations without the risk of others invading private moments. 56. A collateral concern of privacy relates to information about the functioning of devices, such as algorithms, particularly in the event of their potential misuse or malfunctioning, which could cause harm to users. In such instances, privacy should not be used as a pretext by developers and companies not to disclose information, on the grounds that it is sensitive, if it is required to establish responsibility, including negligence or to challenge driven or automatic decision-making. Again, personal information should only be disclosed if necessary for a specific, well-defined purpose, bearing in mind that not every investigation of every form of malfunctioning would justify interference with privacy rights and that it would be necessary to strike a balance among conflicting rights. 4. Equality and non-discrimination 57. Non-discrimination is an immediate and cross-cutting human rights obligation. Age is a prohibited ground in several contexts, but because of the lack of a clear prohibition of age discrimination in all aspects of society, age-based distinctions are often considered legitimate or even necessary. 58. States must ensure that all older persons enjoy equal access to assistive technology without discrimination. Eligibility criteria for the provision of assistive devices must follow a human rights-based approach to ensure that they are not discriminatory. There are, for instance, age limits in access to disability benefits and mobility allowances that can be used for the purchase of assistive devices. Such criteria constitute discrimination on the basis of age and it must therefore be carefully assessed whether, while benefiting certain groups, they exclude others who have an equal right and comparable need to access the support. 59. The introduction of advanced assisted technology might amplify the existing gap in access to such forms of support and also create new inequalities. The affordability of the system will have an impact on the uptake of technology and therefore equality, inclusion and the enjoyment of all other human rights (i.e. autonomy), which such technologies are supposed to enhance. 60. Special attention needs, moreover, to be paid to older persons who are disproportionately disadvantaged in terms of access to support, such as migrants, refugees and asylum seekers, indigenous peoples, ethnic, racial and cultural minorities, stateless persons, those in conflict or humanitarian situations, and other marginalized segments of the population. The introduction of assistive technology must not lose sight of those inequalities. 61. Furthermore, to be truly inclusive, technology must reflect the diverse preferences and lifestyles of older persons based on age, disability, nationality, ethnicity, religion, gender, status, etc. There is some evidence that artificial intelligence could reproduce and amplify human bias and as a result automated machines could discriminate against some people. Biased datasets and algorithms may be used in judicial decision-making, medical diagnoses and other areas that have an impact on older persons’ lives. Auditing machinemade decisions, and their compliance with human rights standards, is therefore considered necessary to avoid discriminatory treatment. 62. On the basis of an analysis of the data collected about an older person’s routine and behaviour, technology may, for instance, detect early signs of Alzheimer’s disease. While early intervention may be critical in the case of Alzheimer, the older person concerned should have consented to data being collected for the purpose of making such a diagnosis and necessary and adequate provisions need to be taken in order to ensure appropriate preparation for acceptance and a course of action, particularly if he or she does not show any visible symptoms. If misused, such knowledge could lead to stigmatization of the older person. 63. Universal design is intertwined with the right to equality and non-discrimination, since it is the gateway through which everyone can participate fully and equally in society. Lack of access to assistive products and services restricts the enjoyment of human rights that are dependent on support through technology. 12