Data protection · Provision
A Data Principal may nominate another individual to exercise her data rights in the event of death or incapacity. (Section 14, Digital Personal Data Protection Act, 2023.)
Quick Statutory Answer
Under Section 14 of the DPDP Act 2023, a Data Principal has the legal right to nominate another individual who shall exercise her statutory rights (such as data access, correction, erasure, and grievance filing) in the event of her death or mental/physical incapacity. Data Fiduciaries must provide a clear mechanism in user profiles or settings to record, update, and authenticate valid nominee appointments.
| Event / Trigger | Statutory Scope | Nominee Authority | Verification Required by Fiduciary |
|---|---|---|---|
| Death of Data Principal | Section 14(1) | Exercise all Section 11 & 12 rights (Access, Erasure) | Official death certificate & nominee KYC verification |
| Incapacity (Mental/Physical) | Section 14(2) | Manage consent and privacy requests on user behalf | Medical certificate confirming incapacity & nominee ID |
| Revocation / Update | Section 14(1) | Principal may change nominee at any time during life | Direct authenticated user confirmation |
Nominee exercises rights. The nomination makes data privacy rights survivable and enforceable by trusted representatives.
Section 14 allows a Data Principal to designate another person to exercise her data privacy rights (including obtaining records or requesting deletion) in the event of her death or incapacity.
Yes. A user can update or revoke their nomination at any time through the profile settings provided by the Data Fiduciary.
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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.