You can keep personal data indefinitely if you are holding it only for: archiving purposes in the public interest; scientific or historical research purposes; or. statistical purposes.
Under the GDPR, you can only hold personal data for as long as you need it. One of the 7 principles of the GDPR is the principle of storage limitation, which is the idea that personal data should only be kept long enough for it to be processed for its stated purpose.
This is also known as the 'right to be forgotten'.
You have the right to have your data erased, without undue delay, by the data controller, if one of the following grounds applies: Where your personal data are no longer necessary in relation to the purpose for which it was collected or processed.
An organization should only retain data for as long as it's needed, whether that's six months or six years. Retaining data longer than necessary takes up unnecessary storage space and costs more than needed.
There is no minimum or maximum time stipulated for email retention in the GDPR, instead, the GDPR states that personal data can be kept in a form that allows an individual to be identified for no longer than necessary to achieve the purpose for which personal data were collected or processed.
Under the GDPR, the EU's data protection authorities can impose fines of up to up to €20 million (roughly $20,372,000), or 4% of worldwide turnover for the preceding financial year – whichever is higher.
The Privacy Act 1988 (Privacy Act) is the principal piece of Australian legislation protecting the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information in the federal public sector and in the private sector.
The Telecommunications (Interception and Access) Act 1979 requires telecommunications companies to retain a particular set of telecommunications data for at least 2 years. These obligations ensure Australia's law enforcement and security agencies are lawfully able to access data, subject to strict controls.
The Australian Securities & Investments Commission (ASIC) requires companies to keep records for seven years.
Yes, you can ask for your personal data to be deleted when, for example, the data the company holds on you is no longer needed or when your data has been used unlawfully. Personal data provided when you were a child can be deleted at any time.
In short, the EU's General Data Protection Regulation (GDPR) doesn't apply if your business doesn't operate within the EU, doesn't process personal data, or if you're only processing data for domestic purposes.
How do I ask for my data to be deleted? You should contact the organisation and let them know what personal data you want them to erase. You don't have to ask a specific person – you can contact any part of the organisation with your request. You can make your request verbally or in writing.
The principles are: Lawfulness, Fairness, and Transparency; Purpose Limitation; Data Minimisation; Accuracy; Storage Limitations; Integrity and Confidentiality; and Accountability.
It's a common misconception that GDPR only applies to electronic data, but in actual fact physical records and data are also caught under the Act.
The GDPR applies to all personal data which is processed by a business or organisation. Personal data is any piece of data, or group of pieces of data, that can be used to identify a natural person; a natural person is anyone who is living.
Australian organisations likely have privacy policies and security measures already in place aligned with the Australian Privacy Act 1988, which actually has equivalent definitions and requirements as those outlined under the GDPR.
The metadata retention scheme was launched by the former Coalition government in early 2015, requiring telecommunications firms to keep customer metadata for two years in order to assist law enforcement and security agencies with serious criminal and national security investigations.
Under Europe's General Data Protection Regulation (GDPR), the right to be forgotten gives individuals the right to ask an entity in certain circumstances to destroy the personal information that the entity holds about them. Australians don't currently have this right under the Privacy Act.
Australian privacy law sets out what personal information they can collect and what they need to tell you. An organisation may only collect your personal information that is reasonably necessary for their work. An agency may only collect your personal information that is directly related to their work.
Under the GDPR, any information collected from citizens of the EU must reside in servers located in EU jurisdictions or in countries with a similar scope and rigor in their protection laws. This way, the information will fall under the strict security laws of the EU and citizens will remain under that protection.
For employee records, six years. For anything else, it's a good idea to follow the HMRC six year limit in case you are required to respond to any form of investigation. If you or your Human Resources team require assistance or legal advice regarding your keeping your company GDPR compliant, DPP GDPR can help.
Examples of data breaches:
Loss or theft of a physical file or electronic device; A ransomware attack whereby access to systems or records containing data is disabled or encrypted; A cybersecurity attack whereby personal data are accessed, altered, deleted and/or disclosed by the attacker.
The EU GDPR sets a maximum fine of €20 million (about £18 million) or 4% of annual global turnover – whichever is greater – for infringements. However, not all GDPR infringements lead to data protection fines.
Failure to erase personal data or cease marketing efforts targeted at an end user upon request. Transferring personal data over international borders without following the appropriate processes and protocols. Non-compliance with any order issued by a GDPR supervisory authority.