Our records retention schedule sets out details about all the records we create and keep so that we can make decisions about identifying and disposing of them on a routine and timely basis.
The retention requirements apply to all records, irrespective of media, format, or the system(s) in which we hold the records. It should also apply to all copies, including backups.
In certain circumstances, we may need to deviate from the retention schedule. For example, if there is a pending or actual legal action, change of legislation or regulation, or legitimate business need. Any divergence requires liaison with the Data Protection Officer (who may consult the Senior Information Risk Owner if necessary) and the Service Manager of the relevant area.
We are required by the Lord Chancellor's Code of Practice on the Management of Records issued under Section 46 of the Freedom of Information Act 2000, to have and to implement a records retention schedule.
Requirements for entries in retention schedule
Each entry in the retention and disposal schedule details the specific legislation, regulations, guidelines or codes of practice that stipulate or recommend how long we must keep records before we dispose of them.
Where no such legislation or guidance exists, we base retention periods on common best practice.
The General Data Protection Regulation 2016 (GDPR )/ Data Protection Act 2018 requires that we must not keep personal data for longer than needed for the purpose for which it was collected.
The Freedom of Information Act 2000 requires us to make information available to the public unless specific exemption(s) apply. The Code of Practice issued under Section 46 of the Act sets out rules on how we should manage records and information, including responsibilities on all staff to implement records retention and disposal schedules.
The Local Government Act 2000 - Section 22 requires that written records of a local authority executive, or a committee of such an executive, be made available to the public.
Page owner: Vanessa de Chazal. Last updated: 03/12/2018 10:16