Statutory Text (Official Gazette)
(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.
What Section 14 Means in Plain English
Section 14 introduces statutory nomination for digital assets and personal accounts in India:
- Digital nomination right: Users can designate a trusted family member or legal nominee who can access, download, or request erasure of their account data if the user passes away or becomes physically or mentally incapacitated.
- Implementation in software: Rule 14(4) lets users nominate one or more individuals using the means and details your terms of service require. Platforms should give users a clear way to register nominees, such as a field or workflow in account settings.
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