Question 1054 - CISA discussion

The business owner is the person or entity that has the authority and responsibility for defining the purpose and scope of the processing of personal data, as well as the expected outcomes and benefits. The business owner is also accountable for ensuring that the processing of personal data complies with the applicable laws and regulations, such as the General Data Protection Regulation (GDPR) or the Data Protection Act 2018 (DPA 2018).

One of the requirements of the GDPR and the DPA 2018 is to adhere to the principle of storage limitation, which states that personal data should be kept for no longer than is necessary for the purposes for which it is processed1. This means that the business owner should determine and justify how long they need to retain personal data, based on factors such as:

The nature and sensitivity of the personal data

The legal or contractual obligations or rights that apply to the personal data

The business or operational needs and expectations that depend on the personal data

The risks and impacts that may arise from retaining or deleting the personal data

The business owner should also establish and document the conditions and methods for the destruction of personal data, such as:

The criteria and triggers for deciding when to destroy personal data

The procedures and tools for securely erasing or anonymising personal data

The roles and responsibilities for carrying out and overseeing the destruction of personal data

The records and reports for verifying and evidencing the destruction of personal data

Therefore, retention periods and conditions for the destruction of personal data should be determined by the business owner, as they are in charge of defining and managing the processing of personal data, as well as ensuring its compliance with the law.