The Right To Nominate Under India’s DPDP Act, 2023: A New Frontier In Digital Inheritance And Data Governance
- IJLLR Journal
- Sep 19
- 1 min read
Updated: Sep 21
Prajna Jadhav, PhD Student, Sanchi University of Buddhist and Indic Studies.
ORCID ID: https://orcid.org/0009-0007-3302-3320
ABSTRACT
The Right to Nominate, introduced under Section 14 of India’s Digital Personal Data Protection Act, 2023, marks a significant advancement in data governance. It empowers Data Principals to designate a nominee to exercise their data rights in the event of death or incapacity. This paper examines the legal, ethical, and practical implications of the right—particularly in the contexts of digital inheritance, children’s data, and personal autonomy—and explores the challenges and risks it entails. It further compares this right with similar provisions in other jurisdictions and offers recommendations to enhance implementation and prevent misuse. The effectiveness of this right will depend on public awareness, robust safeguards, regulatory oversight, and sustained stakeholder engagement to ensure a balance between empowerment and privacy. By introducing this right, India positions itself among the few jurisdictions proactively addressing the complex intersection of privacy, technology, and end-of-life data governance.
Keywords: Digital Personal Data Protection Act 2023 of India, the Right to Nominate.
