Section 14 of Digital Personal Data Protection Act, 2023 - Right to Nominate
Section 14 gives a Data Principal a statutory right to nominate another individual to exercise the Data Principal's rights after death or during incapacity. The provision forms part of Chapter III of the Digital Personal Data Protection Act, 2023, which deals with the rights and duties of Data Principals.
Text of Section 14 - Right to nominate
14. (1) A Data Principal shall have the right to nominate, in such manner as may be prescribed, 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.
(2) For the purposes of this section, the expression "incapacity" means inability to exercise the rights of the Data Principal under the provisions of this Act or the rules made thereunder due to unsoundness of mind or infirmity of body.
Meaning and scope of Section 14
A Data Principal is the individual to whom the personal data relates. Section 14 allows that individual to arrange for another individual to exercise rights available under the Act if the Data Principal dies or becomes incapable of exercising those rights.
The nomination is relevant to the rights conferred on a Data Principal under the Act, including the right to access information about personal data under Section 11, the right to correction and erasure under Section 12, and grievance redressal under Section 13, subject to the Act and applicable rules.
What does incapacity mean?
Section 14(2) gives the term a specific statutory meaning. Incapacity is the inability of a Data Principal to exercise rights under the Act or rules because of unsoundness of mind or infirmity of body. The definition is therefore tied to the person's ability to exercise DPDP rights and to the causes expressly stated in the section.
How nomination will operate under the DPDP Rules, 2025
The Digital Personal Data Protection Rules, 2025 were notified in November 2025. Rule 14 deals with the exercise of rights of Data Principals and provides the procedural framework through which Data Fiduciaries and, where applicable, Consent Managers must make information available for exercising those rights. It also addresses nomination for exercise of rights. However, Rule 14 belongs to the group of rules scheduled to commence eighteen months after publication, alongside the substantive rights provisions.
Practical point: Because Section 14 and the corresponding operational rules have not yet commenced as on 24 September 2026, this page distinguishes the enacted legal text from provisions presently in force. Users should check the latest Gazette notification before relying on the commencement date.
Section 14 at a glance
| Law | Digital Personal Data Protection Act, 2023 (Act 22 of 2023) |
|---|---|
| Chapter | Chapter III - Rights and Duties of Data Principal |
| Provision | Section 14 - Right to nominate |
| Who may nominate? | A Data Principal |
| Who may be nominated? | Another individual, in the manner prescribed |
| When can the nominee act? | On the death or incapacity of the Data Principal, in accordance with the Act and rules |
| Meaning of incapacity | Inability to exercise DPDP rights due to unsoundness of mind or infirmity of body |
| Status on 24 September 2026 | Enacted but not yet in force; included in the eighteen-month commencement group under G.S.R. 843(E) |
Official legal resources
For the authoritative statutory text and implementation material, see the Digital Personal Data Protection Act, 2023 on India Code, the official Gazette commencement notification G.S.R. 843(E), and the Digital Personal Data Protection Rules, 2025 on MeitY.
Last reviewed: 24 September 2026. This article is for general legal information and should be read with the latest official Gazette notifications and statutory text.