Purpose and Scope
The Council has large volumes of data.
The data is held in various formats both physical and electronically.
Some information may need to be retained. Acceptable reasons for retention are:
- To meet operational needs.
- To fulfil statutory or other regulatory requirements.
- Evidence of agreements or events in the case of a dispute.
- To preserve documents of historic or other value.
Some of this information is personal data about living individuals.
The General Data Protection Regulation (GDPR) places a greater emphasis on the minimisation of data. This means the volume of data held about individuals and the length of time this data is held for.
By having data retention guidelines in place and ensuring these are followed reduces the risk of personal data being processed after its permitted period, therefore reducing the overall risk to Chorley Council and South Ribble Borough Council (Council). At the end of the retention period it is important to ensure that the information is disposed of in the most appropriate manner.
Article 6(1) of the GDPR details lawfulness of processing and states that processing is lawful if at least one of the following applies:
a) The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
b) Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
c) Processing is necessary for compliance with a legal obligation to which the controller is subject.
d) Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
e) Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
f) Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
The lawfulness of processing being relied upon is an important factor when considering the retention period and must be taken into account.