MAINSYSTEMS 
distinguish closure, retention and deletion
1. Regulatory Concept & Core Standards
In this video we will consolidate a skill: distinguish closure, retention and deletion. Use the case to test what you would do in a similar situation. We will explain the proposed response step by step so that you can understand each choice and recognise when more information would be needed. Receipt activates specific duties. The team follows the case with controlled access, reasoned decisions and a Maltese calendar. Administrative closure differs from automatic deletion or completion of every judicial proceeding.
Closure explains results and further measures. Maltese retention follows article 21A and relevant legal requirements. Pending proceedings can affect the need to preserve evidence.
Apply the following rule: Article 21A requires records of reports and retention no longer than necessary and proportionate for the Act or other legal requirements. Article 6A prohibits collecting manifestly irrelevant data and requires deletion without undue delay if accidentally collected. Document purpose, pending proceedings, review ownership and secure deletion including copies and exports. These provisions do not impose a universal five-year period.
2. Practical Implementation & Procedure
Record reasons, permitted feedback and outstanding duties. Set retention review and include copies. Do not delete legally necessary evidence. 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.
Consider how a colleague taking over tomorrow would understand the decision. Identify the verified information and its source, who is authorised to decide and who checks the result. The record should connect the decision to the material actually used rather than repeat the whole file. State critical gaps and assign a specific action to resolve them. This makes continuity independent of one person’s memory. Apply the proposed organisational steps within legal powers. In the case, distinguish observation, conclusion and hypothesis. An observation describes available evidence, a conclusion explains what can reasonably be inferred and a hypothesis still needs checking. Do not infer motives merely from unusual behaviour. Identify which further information could change the decision and whether it can be obtained lawfully and proportionately. Incomplete knowledge justifies neither certainty of guilt nor indifference to an actual risk.
For Malta, use article 21A: retain records only while necessary and proportionate for the Act or other legal requirements. This permits neither indefinite storage nor a fixed five-year period. Check pending proceedings and document any reason to suspend deletion. Article 6A requires that manifestly irrelevant data not be collected and, if accidentally collected, be deleted without undue delay. Address copies and exports alongside the main file.
3. Case Study & Compliance Action
A case closes administratively while related judicial proceedings remain pending. 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 immediate automatic deletion follow? 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. Apply necessity and proportionality, legal requirements and documented review.
One mistake to avoid is: equating a closed file with unrestricted deletion.
Now apply the national rule to a second decision. The system deletes every case five years after receipt regardless of country and pending proceedings. Is this suitable?
No. Apply Malta’s necessity and proportionality rule and relevant legal duties. Consider pending proceedings. Record the decision for each category, include copies and identify who reviews a suspension of deletion. Do not retain everything forever.