Section 14: Right to nominate

Section 14 of the Act gives a Data Principal (the individual to whom the personal data relates) the right to nominate another person to act on their behalf. This chosen individual is authorized to exercise the Data Principal's rights under the Act and its rules. However, the nominee cannot exercise these rights at any time they choose. They may only step in to exercise these rights in the specific event of the Data Principal's death or incapacity.\n\nThe exact process and manner for making this nomination are not detailed in the Act itself. Instead, the Act states that the method for nominating someone will be prescribed by rules. Until those rules are prescribed, the specific steps for nomination are not set out in this section.\n\nThe law also provides a specific definition for the term incapacity. For the purposes of this section, incapacity means that the Data Principal is unable to exercise their rights under the Act or its rules due to an unsound mind or an infirmity of the body. This ensures that the transfer of rights only happens under strictly defined circumstances.

Key points

• A Data Principal has the right to nominate another individual to exercise their rights under the Act. [(1)]
• The nominee can only exercise these rights in the event of the Data Principal's death or incapacity. [(1)]
• The specific manner for making a nomination will be prescribed by rules. [(1)]
• Incapacity is strictly defined as the inability to exercise rights due to unsoundness of mind or infirmity of body. [(2)]

Common misreadings

• A nominee can exercise the Data Principal's rights at any time, whereas the text states they can only do so upon the Data Principal's death or incapacity.
• Incapacity covers any reason a person cannot act, whereas the text limits it to unsoundness of mind or infirmity of body.