Ch IPreliminary
S.1 Short title and commencementS.2 DefinitionsS.3 Application and scopeCh IIObligations of Data Fiduciary
S.4 Grounds for processingS.5 NoticeS.6 ConsentS.7 Certain legitimate usesS.8 Data Fiduciary obligationsS.9 Children’s dataS.10 Significant Data FiduciaryCh IIIRights and duties of Data Principal
S.11 Right to accessS.12 Correction and erasureS.13 Grievance redressalS.14 Right to nominateS.15 Duties of the Data PrincipalCh IVSpecial provisions
S.16 Transfer outside IndiaS.17 ExemptionsCh VData Protection Board of India
S.18 Establishment of the BoardS.19 Composition of the BoardS.20 Salary and term of officeS.21 DisqualificationsS.22 Resignation and vacanciesS.23 Proceedings of the BoardS.24 Officers and employeesS.25 Members as public servantsS.26 Powers of the ChairpersonCh VIBoard powers and procedure
S.27 Powers and functions of the BoardS.28 Procedure followed by the BoardCh VIIAppeal and dispute resolution
S.29 Appeal to the Appellate TribunalS.30 Tribunal orders as a decreeS.31 Alternate dispute resolutionS.32 Voluntary undertakingCh VIIIPenalties
S.33 Penalties and the ScheduleS.34 Penalties to Consolidated FundCh IXMiscellaneous
S.35 Good-faith protectionS.36 Power to call for informationS.37 Blocking of accessS.38 Consistency with other lawsS.39 Bar of jurisdictionS.40 Power to make rulesS.41 Laying of rules before ParliamentS.42 Power to amend the ScheduleS.43 Power to remove difficultiesS.44 Amendments to other ActsRight
The right to nominate lets a Data Principal appoint someone to exercise their rights if they die or become incapacitated.
TL;DR
The right to nominate (Section 14) lets a Data Principal appoint someone to exercise their data rights if they die or become incapacitated. Incapacity here means an inability to exercise the rights due to unsoundness of mind or infirmity of body.
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.
Consultant-led and partner-backed.