Digital Succession and the DPDP Act: Analyzing the Right to Nominate under Section 14

The Digital Personal Data Protection (DPDP) Act, 2023, has introduced a shift in the concept of 'privacy' by extending it beyond the biological life of an individual to digital space. One specifically important aspect is the Right to Nominate under Section 14, which allows a Data Principal to appoint an individual to exercise their rights in case of death or incapacity; the Act creates a statutory 'Digital Will'. As the Data Protection Board established in Section 18, begins its oversight, it becomes important for Data Fiduciaries to not just maintain mere data security but to manage digital legacies and verification of third party claimants.