Right to Nominate
A unique DPDP Act right allowing a Data Principal to nominate another individual to exercise their data rights in the event of death or incapacity — with no equivalent in the GDPR.
Full Definition
Section 14 of the DPDP Act 2023 introduces the Right to Nominate — a novel right unique to India's data protection framework. A Data Principal may nominate any other individual who shall, in the event of the Data Principal's death or incapacity, exercise the rights of the Data Principal. This reflects India's legal and cultural context: the rights of a deceased or incapacitated person over their digital data and identity would otherwise be in legal limbo. The nomination can be made, modified, or withdrawn at any time. This right has significant implications for: access to a deceased person's social media or email accounts, exercise of erasure rights over a deceased person's data, and management of digital assets and records.
In Indian Law
DPDP Act 2023, Section 14. Rules governing the nomination process — including the form and manner of nomination — are to be specified under the Rules (Phase 3, May 2027). There is no equivalent right in the GDPR. This provision reflects India's broader legal tradition of providing for the legal management of a deceased person's affairs (paralleling nomination in insurance policies, bank accounts, and the Hindu Succession Act framework).
Related Legal Sections
Frequently Asked Questions
Can a family member access a deceased person's data from a company without a nomination?
Without a formal nomination under Section 14, the legal position is unclear — the DPDP Act's rights are personal to the Data Principal. A nomination provides a clear mechanism. Without it, families may need to approach the Data Protection Board or court to seek access to or erasure of a deceased person's data.