Section 14 — Right to nominate

What this section requires

A Data Principal can nominate another individual to exercise her rights under the Act if she dies or becomes incapacitated — "incapacity" meaning she can't exercise her rights due to unsoundness of mind or physical infirmity.

Who it applies to

Data Fiduciaries, insofar as they must recognise and act on a valid nomination once made in the prescribed manner — this is a Data Principal-facing right, not an independent fiduciary duty beyond honouring it.

Checklist

• Support a nomination mechanism in the manner Rule 14 prescribes once in force.
• Recognise a nominee's standing to exercise the Data Principal's rights once death or incapacity is established, rather than treating the account as simply inaccessible.

Penalty exposure

No Schedule item names Section 14. Refusing to honour a valid nomination falls under the residual item 7 — up to ₹50 crore.

Implementation timeline

Not yet in force. Commences 13 May 2027, eighteen months after the DPDP Rules, 2025 were published (13 November 2025) — per the commencement notification G.S.R. 843(E).