Rights and duties
What is the right to nomination under DPDP?
- Short answer
- It lets a Data Principal nominate another person to exercise their rights on their behalf if they die or become unable to act. It is distinctive to the Indian Act, and a rights policy that omits it is incomplete.
The right exists because data outlives the person. Without it, an account and everything in it can become unreachable when someone dies or loses capacity, with no lawful route for the family.
For most organisations the obligation is modest: say in your notice that the right exists, and have a way to record and honour a nomination when one is made. A dedicated workflow is only warranted where the volume justifies it.
The point to grasp is that the duty attaches to holding personal data, not to what you sell. Any Data Fiduciary owes it.
Where this comes from
- Section 14, DPDP Act 2023
The mistake people make
Leaving nomination out of the rights list because the template it was copied from was written for another jurisdiction.