A Data Principal has the right to nominate, in the manner prescribed, another individual who will exercise her rights under the Act in the event of her death or incapacity.
Incapacity means an inability to exercise the rights under the Act by reason of unsoundness of mind or infirmity of body.
The nominee steps into the rights the Act confers — access, correction, erasure, grievance redressal — rather than acquiring the personal data itself.
The right is the individual choice of the Data Principal, so a Data Fiduciary supports it by carrying the nomination rather than by deciding it.
On death or incapacity
nominee exercises the rights. The nomination is what makes the rights survivable. Without one there is nobody with standing to exercise them.
Where people go wrong
Having no way to record a nomination at all. The right is meaningless if the fiduciary cannot accept one in the prescribed manner.
Treating the nominee as entitled to a copy of everything. The nominee exercises the rights of the Data Principal, on the same terms she would have.
Assuming a legal heir is automatically the nominee. The section works from the nomination the Data Principal made.
Confusing this with a nomination under a bank or insurance form. It is a nomination in respect of rights under this Act.
Common questions
What is the right to nominate under the DPDP Act?
Section 14 lets a Data Principal nominate another individual to exercise her rights under the Act if she dies or becomes incapable of exercising them, in the manner prescribed by the Rules.
What counts as incapacity?
Inability to exercise the rights under the Act by reason of unsoundness of mind or infirmity of body. The section defines it for this purpose rather than leaving it to general law.
What can a nominee actually do?
Exercise the rights the Act gives the Data Principal, such as seeking access under section 11, correction or erasure under section 12, and grievance redressal under section 13.
A plain-English summary of what this provision requires, not a reproduction of it and not legal advice. Read alongside the bare Act, and take advice on anything turning on your own facts.