How long does personal data have to be stored under the data protection law?

The short answer is no longer than necessary.

Personal data will need to be retained for longer in some cases than in others. How long you retain different categories of personal data should be based on individual business needs. A judgement must be made about:

  • the current and future value of the information;
  • the costs, risks and liabilities associated with retaining the information; and
  • the ease or difficulty of making sure it remains accurate and up to date.

There are various legal requirements and professional guidelines about keeping certain kinds of records – such as information needed for income tax and audit purposes, or information on aspects of health and safety. If an organisation keeps personal data to comply with a requirement like this, it will not be considered to have kept the information for longer than necessary.

The CIPD have a great resource regarding HR records which can be found here.

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