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. GDPR, ZVOP-2 and ZZPri operate together. Processing needs purpose, legal basis, proportionate scope and security. A platform does not remove organisational responsibility for data, contracts or actual access rights.

The ZZPri five-year period after proceedings end differs from two years since the breach ceased for protection. The Act distinguishes personal data and contents from permitted remaining metadata and the report. Another lawful procedure may require separate assessment.

Apply the following rule: Article 7 generally requires register data to be kept for five years after the procedure ends, unless another Act provides otherwise. Personal data and the report’s contents are then destroyed; register metadata and the article 12(5) report may be retained longer under internal rules. This does not permit indefinite retention of the entire case. Clearly unnecessary personal data must not be collected and, if collected accidentally, must be deleted without undue delay.

2. Practical Implementation & Procedure

Define information classes, the reference event, duration, review owner and final disposition. Before a scheduled deletion, check the applicable rule, necessity and any pending proceedings. Preserve material only where legally permitted or required; do not invent an extension to a statutory maximum. Include exported copies and archival media, with restricted access. Clearly irrelevant data follow their own deletion rule. 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

At annual review one case remains connected with litigation. The team assesses relevant documents instead of stopping deletion across the entire case database. 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 one lawsuit justify indefinite retention of every case? 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. The exception must be concrete and proportionate. Record scope, basis and reassessment date.

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 item two years after receipt. Is this suitable?

No. Two years since the breach ceased concerns protection, not retention. Article 7 generally uses five years after the procedure ends unless another Act provides otherwise. Distinguish destruction of personal data and contents from possible longer retention of permitted metadata and the report.

National Legal Framework: Zakon o zaščiti prijaviteljev (ZZPri), transposing Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.