I would say it was perfectly reasonable for you to be holding on to the records of deceased persons because as you say there may be follow up calls and the information would be needed. I agree with Derek that if you state in your retention schedules that you will be keeping them then you are covered.
If you are reviewing fair processing notices in line with the GDPR then you could include something in there about the data being kept in the event of death
Teresa Gudge
Information Security & Data Protection Manager ISEB DP, CISM
Information Records Management
Historic England, Room G/60, The Engine House, Fire Fly Avenue, Swindon, Wiltshire, SN2 2EH
Tel: 07717 800989
Email: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Derek O'Connor
Sent: 05 July 2016 09:32
To: [log in to unmask]
Subject: Re: [data-protection] Document Retention and Deceased Customers
Hi - I would thought that if the retention policy stated for example that records are kept for a period of x years after any service has ended? Then the same would apply to the deceased records?
Or am I seeing it too simply?
Derek O'Connor
Rheolwr Llywodraethu Gwybodaeth / Information Governance Manager Cyngor Bwrdeistef Sirol CONWY County Borough Council E-Bost / E-Mail: [log in to unmask] Ffon/Tel 01492 574016
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Kate Glanville
Sent: 05 July 2016 09:15
To: [log in to unmask]
Subject: [data-protection] Document Retention and Deceased Customers
Hi all
I have received a query which I wondered if I could bounce off you all please?
I work for a housing association which has an area of business that covers supported housing, some of it with an ‘extra care’ element. I am aware that if a customer dies then their data is no longer covered by the Data Protection Act.
We are going through a lot of our records at the moment to ensure that they comply with our document retention and disposal procedures. A question was raised by the supported housing team as to whether or not they still had to comply with the retention timeframe of a deceased customer’s records, as we would with a customer who was still living? I felt that although the DPA doesn’t cover them from the date they died, there could still be a business need to keep that data in case of queries relating to their contact with us. It could also be that other Acts within that area of business could require the data to be kept for ‘x’ amount of time, for example in case of a negligence challenge. I would be reluctant to dispose of an individual’s records as soon as they have died.
What do the rest of you do in this situation? Any advice you can offer would be most welcome.
Thanks very much.
Kind Regards
Kate
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