The shortest section in Chapter III, and a narrow one — it lets rights survive death or incapacity, but "incapacity" here means something specific, not a general stand-in for the account owner.
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.
Section 14 gives a Data Principal the right to nominate, in the manner prescribed, another individual who will exercise her rights under the Act in the event of her death or incapacity. It's a two-sub-section provision, but it answers a question the rest of Chapter III leaves open: what happens to access, correction, erasure and grievance rights once the person they belong to can no longer exercise them herself.
A Data Principal may nominate any other individual to step into her rights under the Act, in whichever manner the Rules prescribe, once one of two triggers occurs: her death, or her incapacity. The nominee doesn't get a freestanding set of rights of their own — they exercise the Data Principal's existing rights on her behalf, once the trigger has actually occurred.
The Act defines incapacity narrowly: an inability to exercise rights under the Act or the Rules due to unsoundness of mind or infirmity of body. This is not a general power of attorney, and it doesn't activate just because someone else is more convenient to deal with — a nominee's authority under this section only kicks in once one of those two specific conditions, or death, is actually present.
Rule 14(4) routes the mechanics through the Data Fiduciary's own terms of service: to exercise a Data Principal's rights, a nominee proceeds in accordance with those terms and whatever other law applies, using the means and furnishing the particulars the Fiduciary requires — the same published-channel structure Rule 14 sets up for the Data Principal's own rights requests under Sections 11 through 13. What a Fiduciary can't do is treat a valid nomination as something to be ignored, or insist on a court order as a default precondition before honouring it, or treat incapacity as if it were automatic account abandonment that closes the matter rather than triggering the nominee's standing to act.
A nomination mechanism only works if a Fiduciary has actually built the internal authority-mapping to act on it — accepting nominations at signup but having no defined workflow for verifying a nominee's standing and letting them exercise access, correction, erasure or grievance rights on the Data Principal's behalf leaves the right to nominate symbolic rather than operative.
Illustration: a subscriber nominates her adult son to exercise her rights under a banking app's terms of service. Years later, she suffers a stroke that leaves her unable to manage her own accounts — a case of "infirmity of body" under 14(2). Her son can now step in and, for instance, request a correction to her account details or file a grievance on her behalf, without needing a fresh consent from her for each request, because he's exercising her existing rights, not creating new ones of his own.
Sections 11 through 13 are the rights a nominee actually steps into once death or incapacity is established; Rule 14 supplies the procedural spine — publishing request channels, identifying particulars, and the terms-of-service-based nomination mechanics — that runs underneath all four of these sections together.
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