DATA PROTECTION ACT 1998
PERIODS FOR DATA RETENTION
Type of Data |
Maximum retention period |
Reason for Length of Period |
Personnel files including training records and notes of disciplinary and grievance hearings | 6 years from the end of employment | References and potential litigation |
Application forms/interview notes | At least 6 months from the date of the interviews | Time limits on litigation |
Facts relating to redundancies where less than 20 redundancies | 3 years from the date of redundancy | As above |
Facts relating to redundancies where 20 or more redundancies | 12 years from date of redundancies | Limitation Act 1980 |
Income Tax and NI returns, including correspondence with tax office | At least 3 years after the end of the financial year to which the records relate | Income Tax (Employment) Regulations 1993 |
Statutory Maternity Pay records and calculations | As Above | Statutory Maternity Pay (General) Regulations 1982 |
Statutory Sick Pay records and calculations | As Above | Statutory Sick Pay (General) Regulations 1982 |
Wages and salary records | 6 years | Taxes Management Act 1970 |
Accident books, and records and reports of accidents | 3 years after the date of the last entry | Social Security (Claims and Payments) Regulations 1979; RIDDOR 1985 |
Health records | During employment | Management of Health and Safety at Work Regulations |
Health records where reason for termination of employment is connected with health, including stress related illness | 3 years | Limitation period for personal injury claims |
Medical Records kept by reason of the Control of Substances hazardous to health Regulations 1994 | 40 years | Control of Substances Hazardous to Health Regulations 1999 |
Ionising Radiation Records | At least 50 years after last entry | Ionising Radiations Regulations 1985 |
Student records, including academic achievements, and conduct | At least 6 years from the date the student leaves the University, in case of litigation for negligence At least 10 years for personal and academic references, with the agreement of the student Certain personal data may be held in perpetuity | Limitation period for negligence Permits institution to provide references for a reasonable length of time While personal and academic references may become stale, some data, e.g. transcripts of student marks, may be required throughout a student’s future career. Upon the death of a data subject, data relating to him/her ceases to be personal data. |