Please note that any Data Principal who has provided personal information to FDPPI which shall remain in the custody of FDPPI shall have the option to nominate a person of his choice to receive the information in the unfortunate event of the demise of the Data Principal.
Those desirous of using this provision may complete the following form.
Additional Information about Nomination
Nomination of any asset is not a transfer of ownership to a legal heir. It is a responsibility handed over to the nominee by the data principal to eventually hand over the property to the rightful owners of the property.
In the context of DPDPA 2023, the nominee is entrusted with the secured storage of the information of the data principal until he is able to transfer it to the rightful owners.
It is noted that transfer of ownership of digital data on the death of a person needs to be recorded through a paper instrument since electronic instruction in this regard is not recognized under ITA 2000.
The “Nomination” in this context of FDPPI and personal data held by it, is only an entrustment of the personal data for security purpose and does not amount to transfer of ownership and hence it is not in conflict with ITA 2000.
The nominee is an agent of FDPPI as a joint data fiduciary and shall be responsible to ensure that the data is handed over only to the legal heirs. Any non compliance of this direction shall be considered as a violation of the directions of the data fiduciary under Section 72A of ITA 2000.
In the contingent event of a confirmed knowledge of death of a data principal is received, the responsibility of FDPPI is to properly identify the nominee and handover the data to him/her and keep an acknowledgement for their records. After a reasonable time thereafter which would be 3 years in the case of FDPPI, the data would be mandatorily deleted if there is no conflicting claim from any others or there is any specific reason to retain the data.
At the point of receiving the registration FDPPI is not making any efforts to identify the nominee. However, before transfer of the data to the nominee, FDPPI may request for satisfactory identification of the nominee.
At present FDPPI intends to use only a verification of the email/Mobile number of the data principal.
FDPPI reserves the right to inform the nominee about the nomination.
On receipt of any information that suggests the unfortunate demise of the data principal, FDPPI will contact the nominee over the contact information provided and initiate the further process of identification and transfer.
