Privacy Notice – Retention
Our Retention Notice
1. ABOUT THIS NOTICE
1.1 Our corporate information, records and data are important to how we conduct and manage our business and business relationships.
1.2 There are legal and regulatory requirements and other contractual retention obligations, which require us to retain certain data, usually for a specified amount of time. We also retain data to help our business operate and to have information available when we need it. However, we do not need to retain all data indefinitely, and retaining data can expose us to risk as well as be a cost to our business.
1.3 We are committed to complying with our duties by retaining those records securely and ensuring that they are destroyed in a timely and confidential manner.
2. SCOPE
2.1 This notice covers all data that we hold or have control over. This includes physical data such as hard copy documents, contracts, notebooks, letters and invoices. It also includes electronic data such as emails, electronic documents, audio and video recordings and CCTV recordings. It applies to both personal data and non-personal data. In this notice we refer to this information and these records collectively as “data”.
2.2 This notice covers data that is held by third parties on our behalf, for example cloud storage providers or offsite records storage.
2.3 This notice explains the differences between our formal or official records, disposable information, confidential information belonging to others, personal data and non-personal data. It also gives guidance on how we classify our data.
3. TYPES OF DATA
3.1 Formal or official records. Certain data is more important to us and is therefore listed in our Retention Schedule. This may be because we have a legal requirement to retain it, or because we may need it as evidence of our transactions, or because it is important to the running of our business.
3.2 Disposable information. Disposable information consists of data that may be discarded or deleted at the discretion of the user once it has served its temporary useful purpose and/or data that may be safely destroyed because it is not a formal or official record. Examples may include:
- Duplicates of originals that have not been annotated.
- Preliminary drafts of letters, memoranda, reports, worksheets, and informal notes that do not represent significant steps or decisions in the preparation of an official record.
- Books, periodicals, manuals, training binders, which are retained primarily for reference purposes.
- Spam and junk mail.
3.3 Personal data. Both formal or official records and disposable information may contain personal data; that is, data that identifies living individuals. Data protection laws require us to retain personal data for no longer than is necessary for the purposes for which it is processed.
4. RETENTION PERIODS
4.1 Formal or official records. Any data that is part of any of the categories listed in the Retention Schedule attached, will be retained for the amount of time indicated in the Retention Schedule. We will not retain a record beyond the period indicated in the Retention Schedule, unless a valid business reason (or notice to preserve documents for contemplated litigation or other special situation) calls for its continued retention.
4.2 Disposable information. The Retention Schedule will not set out retention periods for disposable information. This type of data should only be retained as long as it is needed for business purposes. Once it no longer has any business purpose or value it will be disposed of securely.
4.3 Personal data. We retain personal data for no longer than is necessary for the purposes for which it is processed. Where data is listed in the Retention Schedule, we have taken into account the principle of storage limitation and balanced this against our requirements to retain the data.
5. SPECIAL SITUATIONS
5.1 There will be occasions when certain records are relevant to litigation or disputes, government investigation, financial audit, compliance audit or other situations.
5.2 In these cases, we will preserve and not delete, dispose, destroy, or change those records, including emails and other electronic documents, until it is determined that those records are no longer needed. In these situations, we will suspend the requirements in the Retention Schedule and preserve the integrity of the electronic files or other format in which the records are kept.
5.3 We will also suspend any routine data disposal procedures in connection with certain other types of events, such as our merger with another organisation or the replacement of our information technology systems.
6. OTHER RELEVANT POLICIES
6.1 This notice should be read in conjunction with our other policies and procedures in force from time to time, including without limitation our:
- Information security policy
- Information handling and storage policy
- Privacy standard
- Confidentiality policy.
- And other IT, security and data related policies, which are available on request or to view
This privacy notice may change from time to time so we recommend that you review it periodically. This version of the privacy notice was last updated on 6th June 2018.
Retention Schedule
Information relating to Individuals we Support and their families
| Type of Record/Document | Statutory Retention /Best Practice | Retention Period |
|---|---|---|
| All records relating to the Individual we Support | 5 years after the Individual has left the service. | |
| Personal information can be archived from 12 months of the original date of the document. | ||
| All data relating to family members | 5 years after the Individual has left the service. | |
| Personal information can be archived from 12 months of the original date of the document. |
Marketing Information
| Type of Record/Document | Statutory Retention /Best Practice | Retention Period |
|---|---|---|
| All marketing data | 3 years from the date of input into our database After the expiry of the 3-year period for all other data, the data is moved to our archive on an annual basis. All archived data is reviewed annually and permanently deleted three years after the archive date. |
Human Resources Information
| Type of Record/Document | Statutory Retention /Best Practice | Retention Period |
|---|---|---|
| Annual appraisal/assessment Annual leave records Application forms, interview notes and reference details | Destroy after 6 years Destroy after 6 years Evidence of identity/right to work – 2 years from the date the employment ends | |
| All other information – destroy after 6 years | ||
| Information about disciplinary matters Legal advice received | Destroy after 6 years Destroy after duration of action for which advice received plus 7 years | |
| Pre-employment information | Personal data relating to an unsuccessful applicant to be kept for at least 6 months after which it can deleted. If the applicant becomes an employee, pre-employment information to be kept as part of the employee’s HR file and to be retained for at least 6 years after employment has ended. | |
| Sickness record Statutory sick pay records and certificates | Destroy after 6 years Destroy not less than 6 years after the end of the financial year to which they relate. | |
| Statutory maternity pay records and certificates | Destroy not less than 3 years after the end of the financial year to which they relate | |
| Unpaid leave/special leave records | Destroy 6 years after the date when the end of the leave period | |
| Personnel file and training records | Destroy 6 years after the event to which the record relates | |
| References given | Destroy 6 years from reference received/end of employment | |
| Summary of record or service (name/position/dates of employment) | Destroy 10 years from end of employment |
Operational and System Information
| Type of Record/Document | Statutory Retention /Best Practice | Retention Period |
|---|---|---|
| CCTV footage | 3 months accessible then archive, destroy after 1 year | |
| Equipment inspection records | Varies according to equipment | |
| Firewall log files | 3 months accessible then archive, destroy after 1 year | |
| Project records and papers | Destroy project records 7 years from the completion of the project |
Accounting and Financial Information
| Type of Record/Document | Statutory Retention /Best Practice | Retention Period |
|---|---|---|
| Accounting Records | 6 years | |
| Annual Depreciation | 6 years | |
| Application to write off value | Permanent for lifetime of the company | |
| Cash Book List | 10 years | |
| Cheques and Remittance Advice | 6 years | |
| Consolidated Accounts | Permanent for lifetime of the company | |
| Cost control ledger analysis | 6 years | |
| Disposal of Assets | Permanent | |
| Income Tax and NI Returns | 6 years | |
| Ledger Sheets | 10 years 6 years | |
| Purchase Requisitions | 6 years | |
| Taxation | 6 Years to a maximum of 15 years | |
| Wages / Salary | 6 years |
Corporate
| Type of Record/Document | Statutory Retention /Best Practice | Retention Period |
|---|---|---|
| Accident books | Retain for 3 years from the date of event unless the accident/incident leads to hazardous substances (COSHH) or asbestos in which case records must be retained for 40 years. | |
| Approved minutes and supporting internal and external papers for specific decisions | Destroy 7 years after the month in which the decision was made | |
| Contracts/agreements | Destroy 12 years after conclusion of contract | |
| Insider lists | 5 years from the date on which the insider list was created or updated (whichever is later) | |
| Legal advice received | Destroy after duration of action for which advice received plus 7 years | |
| Legal documents (all written agreements e.g. including agreements with Commissioners, supplier contracts, HP agreements, equipment rentals) | For contracts: 6 years after expiry of the contract/agreement For deeds: 12 years after expiry of the deed | |
| Agenda,Minutes of Board meetings | 10 years from the date of the relevant meeting | |
| Company Books/statutory registers | Permanent retention | |
| Title deeds and property related documents | Destroy 12 years after expiry of the deed or expiry of lease |