Definition
Section 14 of the Digital Personal Data Protection Act, 2023 says a Data Principal may nominate any other individual who shall, in the event of death or incapacity of the Data Principal, exercise the rights of that Principal in accordance with the Act and the Rules. Rule 14(4) requires the Data Fiduciary — and a Consent Manager where applicable — to provide the means to nominate one or more individuals. Nomination is not a will for the underlying money or shares. It is a switch for access, correction, erasure and grievance once the named event is proven. You still apply every legal-keep exception that would have bound the Principal.
How this matters in practice
Build a form that captures the nominee, the trigger, and the proof you will accept. Store it with the consent and notice versions. When a claim arrives, check identity, then run the same Section 12 and Section 13 machinery — do not invent a side door. Processor copies remain personal data. Do not treat nomination as a Consent Manager licence or a Rule 13 audit.
Frequently asked questions
Does nomination let a relative download every file the day someone dies?
No. The nominee exercises the Principal's rights, subject to the same legal keeps — tax, KYC, or any other law in force. You still verify death or incapacity. Extra marketing copies are usually not a keep. Delete those when the purpose ends.
Is nomination only for Significant Data Fiduciaries?
No. Section 14 is a Data Principal right. Rule 13 annual DPIA and audit remain SDF-only after a Section 10 notice. You still owe a nomination means, notices, security and dual-clock reporting.
Can software we buy stand in as the nominee?
No. The nominee is an individual the Principal names. A vendor is a Data Processor under Section 8(2) unless it is a registered Consent Manager. Put a logged hand-off in the processor contract. Processor copies stay personal data.
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Disclaimer: Privigo is not a law firm. This page provides operational compliance guidance only. For institution-specific obligations, work with qualified Indian legal counsel.