India DPDPA: Article 14 – Right to nominate
14. Right to nominate
(1) A Data Principal shall have the right to nominate, in such manner as may be prescribed, any other individual, who shall, in the event of death or incapacity of the Data Principal, exercise the rights of the Data Principal in accordance with the provisions of this Act and the rules made thereunder.
(2) For the purposes of this section, the expression “incapacity” means inability to exercise the rights of the Data Principal under the provisions of this Act or the rules made thereunder due to unsoundness of mind or infirmity of body.
What Article 14 Means for Your Business
Article 14 introduces a right unique to the DPDPA, the right of a Data Principal to nominate another individual to exercise their data rights in the event of their death or incapacity. This forward-looking provision reflects the increasing importance of digital assets and personal data in estate and welfare planning.
- Data Principals may nominate any individual to act on their behalf regarding their personal data after death or in the event they become incapacitated.
- Businesses must be prepared to recognise and act on requests from validly nominated individuals, the rules prescribe the manner in which nominations are made and verified.
- Update your Subject Access Request and data rights processes to include a pathway for nominated representatives to submit requests and receive responses.
- This right has particular relevance for platforms that hold significant personal or financial data, social media, financial services, healthcare, and similar sectors should prioritise implementation.