Section 14 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 14 gives every Data Principal the right to nominate another individual who will exercise her rights under the Act if she dies or becomes incapacitated. "Incapacity" is defined in the section itself. A legal consultation can help your business decide how to record and act on nominations.
A Data Principal may nominate any other individual, in the manner prescribed, who shall, in the event of her death or incapacity, exercise her rights under the Act and the rules (section 14(1)). Incapacity means inability to exercise her rights under the Act or the rules due to unsoundness of mind or infirmity of body (section 14(2)). The Act does not itself say how a nomination is made or recorded. No specific Schedule entry exists; the ceiling for other provisions is Rs 50 crore.
Section 14 at a glance
| Sub-section | Content |
|---|---|
| 14(1) | Right to nominate, in the manner prescribed, any other individual to exercise her rights on death or incapacity |
| 14(2) | "Incapacity" = inability to exercise her rights under the Act or the rules due to unsoundness of mind or infirmity of body |
Section 14(1): what the right is
Five elements can be drawn from the text.
- A right of the Data Principal. It is hers to use or not. No one is bound to nominate.
- "Any other individual". The nominee must be an individual, so not a company or trust. The Act does not limit the choice to a relative, and sets no qualification for the nominee.
- "In such manner as may be prescribed". The method, such as the form and how the Data Fiduciary receives and records it, is left to the rules. The DPDP Rules, 2025 (notified November 2025) prescribe the detail and different provisions commence on different dates; this article states nothing from them. Check the Rules.
- Two triggers: death or incapacity. The nominee steps in only on one of these events.
- "Exercise the rights of the Data Principal in accordance with the provisions of this Act and the rules". The nominee uses the Data Principal's rights, for example access under section 11, correction and erasure under section 12, grievance redressal under section 13. The nominee acts within the Act, not beyond it.
The text does not say that the nominee can give fresh consent on behalf of the Data Principal, or that the nominee takes over the Data Principal's duties under section 15. It speaks only of exercising rights. Do not stretch it.
Section 14(2): what "incapacity" means
For this section, "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". Two conditions:
- the inability must be to exercise her rights under the Act; and
- the cause must be unsoundness of mind or infirmity of body.
A Data Principal who is simply busy, abroad or unwilling is not incapacitated on this definition. The Act does not say who decides whether incapacity exists or what proof a Data Fiduciary may ask for. Those points are not stated in the Act. Until the Rules or practice settle them, a fiduciary should adopt a documented procedure and ask for reasonable proof, and should avoid acting on a bare claim.
How nomination relates to children and guardians
Section 2(j) already includes, within "Data Principal", the parents or lawful guardian of a child and the lawful guardian of a person with disability, acting on her behalf. That is a different mechanism. Section 14 is about the Data Principal's own choice of nominee. For a child, the parent acts as the Data Principal under section 2(j)(i); the Act does not discuss nomination by a child. See the definitions of Data Principal.
What a business should do
- Decide how nominations can be recorded. The Act leaves the manner to the rules, so check the Rules and build the channel accordingly, for example within an account dashboard or through the grievance contact.
- Store the nomination as part of the record. Keep it linked to the Data Principal's data so requests can be checked against it.
- Plan for requests after death. A nominee may ask to access, correct or erase data. Have a process to verify the nominee's identity and the event (death or incapacity).
- Keep it consistent with other law. Section 12(1) says the right of correction and erasure is exercised in accordance with any requirement or procedure under law; other laws on succession and records are not displaced by section 14 on its text. Section 38 says the Act is in addition to other laws. See section 12.
- Mention it in the notice. Section 5(1)(ii) requires the notice to tell the Data Principal how to exercise her rights; nomination is one of those rights. See section 5.
Where section 14 may not apply
Section 17(1) says Chapter III does not apply in the listed situations. Section 17(5) lets the Central Government declare that any provision does not apply to specified Data Fiduciaries or classes for a stated period within five years of commencement. Check notifications.
Consequence of breach
There is no specific Schedule entry for section 14. Item 7 covers breach of any other provision: penalty up to fifty crore rupees, after an inquiry, a hearing and a finding that the breach is significant (section 33(1)). For instance, refusing to recognise a valid nomination could be raised through the grievance route in section 13 and then before the Board. See penalties.
Practical examples
Example 1: nominee after death. A customer nominates her daughter. After the customer's death, the daughter asks the service for a summary of the data held. She exercises the customer's right under section 11 through section 14.
Example 2: incapacity. A customer suffers an illness that leaves her unable to manage her affairs. Her nominee asks the company to correct her records. The incapacity is due to infirmity of body or unsoundness of mind, so section 14(2) fits.
Example 3: no nominee. A customer dies without naming anyone. The Act does not say who may exercise her rights; section 14 works only if she nominated someone. Other law on succession may be relevant, and the Act does not address it.
Common mistakes
- Having no way to record a nomination.
- Treating any relative as nominee without a nomination.
- Accepting a claim of incapacity without proof.
- Assuming the nominee can do more than exercise the rights.
Need help with nominee handling?
If you serve customers for years, nominations and deaths will arise. We can help you think through the process, records and proofs under our legal consultation service.
Key takeaways
- A Data Principal may nominate any other individual to exercise her rights on her death or incapacity.
- Incapacity means inability due to unsoundness of mind or infirmity of body.
- The manner of nomination is left to the rules.
- The nominee exercises the rights under the Act; the text says no more.
- No specific penalty entry; Rs 50 crore is the ceiling for other provisions.
Read next
- Section 13 of the DPDP Act, 2023: right of grievance redressal
- Section 15 of the DPDP Act, 2023: duties of Data Principal
- Section 11 of the DPDP Act, 2023: right to access information
- Rights of the Data Principal under sections 11 to 14
Disclaimer: Based on the Digital Personal Data Protection Act, 2023 (official text as enacted, No. 22 of 2023) as on 30 September 2026. The DPDP Rules, 2025 were notified in November 2025 and different provisions commence on different dates; this article does not state rule-level detail. Verify the current position in the Rules and the commencement notifications before acting.