Right
The right to nominate lets a Data Principal appoint someone to exercise their rights if they die or become incapacitated.
A Data Principal shall have the right to nominate 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.
This is a continuity right. A person can name another individual to step in and exercise their data rights in the event of death or incapacity.
Incapacity here means an inability to exercise the rights due to unsoundness of mind or infirmity of body.
You nominate a family member who can, if you become incapacitated, access or erase your data on your behalf.
When does a nominee act?
On the death or incapacity of the Data Principal.
What counts as incapacity?
An inability to exercise the rights due to unsoundness of mind or infirmity of body.