In principle, personal data should be kept only for as long as absolutely necessary (the so-called “sto… Two years on from GDPR enforcement does your house-keeping need a refresh? Full Story The Data Protection Act (DPA), which governs this area, stipulates statutory retention periods for some records – for example, P60s and P45s must be retained for at least six years. The Data Protection Act 1998, its anticipated successor and the General Data Protection Regulations 2018 (“GDPR Laws”) do not specify specific periods for data retention, deletion or destruction. This guide explains the General Data Protection Regulation (GDPR) to help organisations comply with its requirements. ROLES AND RESPONSIBILITIES 5. Find out how our eco-friendly initiatives can help you keep our environment green. Lines of Business will identify, appraise and offer records identified as having historic value through CDIO, and if applicable transfer to The National Archives at 20 years + 1 or earlier. The Matheson team discusses best practices for data retention under GDPR. Under GDPR Article 17 (3) (b), however, legal requirements take precedence over the right to be forgotten. 29-30, COM(2020) 66 final. 7. Please visit our Privacy Policy page for more information about cookies and how we use them. Our Website uses cookies to improve your experience. A version of this article originally appeared on Matheson’s website. I proposing 7 years on everything. After an employee leaves, you shouldn’t bin their records right away. Download our Record Keeping and retention periods fact sheet here for more detail or download our Record Retention Policies from England , Scotland and Wales . This Policy applies to all business units, processes, and systems in all countries in which […] However, in our experience, unless an employee has issued proceedings within the statutory minimum period for bringing a claim (usually six months), the likelihood of a claim is not very high. In short, not much – GDPR largely mirrors the DPA in regards to record keeping. In brief, business records need to be retained for 7 years, accident reports until the child is 21 years and 3 months, safeguarding records and causes for concern until the child is 25 years old. As such, our recommended approach to satisfy both Irish employment law and GDPR requirements would be to retain the data for the statutory minimum required period. We know what personal data we hold and why we need it. There are some situations when personal data can be stored for longer periods, such as academic research or creating archives in the public interest. However, where GDPR goes beyond the DPA is in requiring HR departments to demonstrate, for each category of personal data, why it is being kept and the reasons behind the length of retention. How long to keep personal data raises lots of questions. How to get rid of data when the retention period ends? Thus, where documents may be relevant to a contractual claim, it is recommended that these be retained for at least the corresponding 6-year limitation period. How to get rid of data when the retention period ends? Keeping and using data has a cost. Needs Answer ... "I may need it" etc. Your company/organisation runs a recruitment office and for that purpose it collects CVs of persons seeking employment and who, in exchange for your intermediary services, pay you a fee. By Bryan Dunne, partner at Matheson (co-authored by senior associate Aisling Parkinson and solicitor Tina O’Sullivan of Matheson). For example, you need to keep all of your staff records for 7 years. Children’s data. Designed by Zero-G and Square1.io. 7. Data kept for too long without an update. Under GDPR any member of staff can request ‘the right to be forgotten’ but as you have an obligation to keep this data, you should not erase it until the 7 year retention period has expired. All rights reserved. ROLES AND RESPONSIBILITIES 5. In brief, business records need to be retained for 7 years, accident reports until the child is 21 years and 3 months, safeguarding records and causes for concern until the child is 25 years old. Consider whether you could anonymise any data so you could keep it for longer – if you need to, that is. Diana Bruce of the CIPP explains the ins-and-outs. ... e.g. Hopefully, at this point your organisation has either determined, or is in the process of determining, the reasons it holds employee data. ABOUT THIS POLICY 2. A potential breach-of-contract claim would require retaining the relevant records for seven years from the date of breach. In this context, the right to be forgotten would only be enforceable after this period had ended. The new GDPR regulations don’t override any of your existing legal requirements. In each case, you’ll need to consider intended use, legal requirements, industry practices, the risks of keeping the data and how easy it is to keep it up to date. Maternity, Paternity or Shared Parental Pay records: Keep for 3 years after the end of the tax year that the payment stopped. 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