Q3 - Can heirs or nominees access the data of a deceased person?
Answer
- Yes. The DPDPA introduces a “Right to Nominate.”
- Every Data Principal may nominate a person who will exercise their rights in the event of their death or incapacity.
- The nominee can then request access, correction, or erasure of the deceased person’s data.
Example
Narayan designates his wife as nominee. After his death, she can request an insurance company to erase his personal data or restrict its use, except where law requires retention (such as claim settlement records).
Similarly, heirs can request a social media company to close or memorialize the account of a deceased user.