Module Learning Objective

apply retention criteria without confusing closure with erasure

1. Regulatory Concept & Core Standards

This video focuses on how to apply retention criteria without confusing closure with erasure. Follow the sequence of decisions in the example rather than simply memorising a list. Notice who is involved, what information is needed and the expected result. These points help turn the content into a practice that another person can verify. A reporting case may contain data about the reporting person, people concerned and third parties. Data protection must accompany the whole lifecycle, from the form to archiving. This course addresses operational decisions. Legal bases and restrictions on rights require assessment of the specific processing.

Section 21(2) requires reports and related documents to be retained for five years from receipt. Earlier closure does not change the starting event. The electronic register is separately regulated. This does not justify retaining all copies and all personal data indefinitely; assess other lawful purposes specifically.

Apply the following rule: Section 21(2) requires reports and related documents to be retained for five years from receipt. Earlier closure does not change that starting event. The Act separately requires an electronic register with specified particulars. Under section 21(3), only the competent person may access internal reports, related documents and the register; the Ministry uses its authorised employee. Assess irrelevant data and other legal retention grounds separately.

2. Practical Implementation & Procedure

For each category identify the rule, start, period and permitted access. Include exports and backups in the operational procedure. Verify removal when the purpose and relevant duties expire. Any separate retention for proceedings needs its actual legal basis rather than a vague reference to possible litigation. Before moving on, turn this procedure into a sequence you could explain to a colleague. Identify the first check, the action that depends on its outcome and the record that allows the decision to be reconstructed. Follow the sequence on screen and identify the point where an error would change the result.

3. Case Study & Compliance Action

A case reaches an internal retention review date while related litigation is pending. The reviewer first establishes whether the date is an internal target or a statutory maximum. Any continued retention needs an applicable legal basis and a defined purpose. If the national maximum prohibits keeping the channel file, the team cannot simply suspend deletion because litigation exists; any separate use as evidence requires its own legal assessment. Now read the case carefully. Separate established facts from information you would still need to confirm. Do not add motives or events that have not been described. This distinction matters when choosing a response proportionate to the information available.

The exercise is as follows: Does the Czech five-year period always begin when the case closes? Choose an answer and write one sentence explaining it. During the pause, compare your choice with the criteria we have just considered. Also think about the material you would retain to explain the decision later.

No. Section 21(2) uses receipt for reports and related documents. Identify the applicable rule for other categories or purposes. Do not import another country’s closure-based rule.

One mistake to avoid is: configuring a single deletion period without legally relevant exceptions.

Now apply the national rule to a second decision. The system deletes every case five years after receipt, regardless of the country and any pending proceedings. Is that appropriate?

No. Identify the local rule, starting event and any limits or extensions. A uniform schedule may delete records too early or retain them too long. Document the decision by category, include copies and define who reviews a suspension of deletion, rather than keeping everything indefinitely.

National Legal Framework: Zákon č. 171/2023 Sb. (Whistleblower Act), transposing Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.