A Data Principal's right to designate another person to exercise their data rights in case of death or incapacity.
The Right to Nominate under DPDPA Section 11(1)(e) allows a Data Principal to nominate any other individual who may exercise their rights in the event of death or incapacity. This is a unique provision in global data protection law. The nominee can exercise all rights the Data Principal could have exercised — access, correction, erasure, and grievance redressal. The Data Fiduciary must provide a mechanism for recording and verifying nominations.
You must build nomination workflows into your system. When a nominee presents valid credentials after a Data Principal's death, you must honour their rights requests within the same timelines as the principal themselves.
A senior citizen using a Pune investment platform nominates their daughter to manage their data rights. After the parent's passing, the daughter submits a nomination verification with death certificate, and can then request access to all data or erasure of the account.
Nomination is not the same as a general power of attorney. It is a DPDPA-specific mechanism that must be built into your data rights workflow, separate from any legal succession process.
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