# Retention, deletion and legal-hold protocol

Set a reasoned schedule by record class, with a clear trigger and disposal method. Distinguish legal minimum periods, regulatory guidance, limitation considerations and the organisation’s own justified policy.

Document edition 2 — 1 November 2026

Organisation / activity: 
Owner: 
Reference and version: 
Review date: 

## 1. Inventory record classes

- Group information by purpose and record type. Separate clinical, financial, HR, client, notarial and other records where the rules differ.
- Identify all repositories, including paper, exports, email, supplier systems and backups.
- Record the owner and who may approve deletion or a retention exception.

Record class / purpose / data categories: 
Jurisdiction and sector: 
Business owner and disposal approver: 
Systems / locations / supplier copies: 
Sensitive information and access: 
Relevant processing activity ID: 

## 2. Set the retention decision

- Specify the start event, period, rationale, authority, exceptions and review date. Examples of triggers include case closure, last treatment or financial-year end; choose the correct event for the record.
- Do not turn a limitation period into a blanket retention duty. Check whether a legal minimum is sufficient and whether keeping longer is justified.
- For specialist records verify the full current rule. Notarial public-form and private-form records have distinct requirements under Rule 24 of the 2019 Rules; NHS England guidance has scope and record-specific exceptions.

Retention trigger and period: 
Legal minimum / guidance / policy classification: 
Source URL and provision: 
Need for any longer period: 
Exceptions and review conditions: 
Approval and next review date: 

## 3. Operate deletion or anonymisation

- Specify how the event is detected, how eligible records are selected and who checks the deletion list.
- Check linked records, legal holds, erasure requests, supplier copies and exports before disposal.
- Define the deletion or irreversible anonymisation method and retain proportionate evidence without retaining the deleted personal information unnecessarily.

Eligibility query or manual selection method: 
Pre-deletion checks and sign-off: 
Deletion / anonymisation method: 
Systems and suppliers covered: 
Batch / date / operator / result: 
Exceptions and failure resolution: 

## 4. Control backups and legacy copies

- Record backup rotation and restoration arrangements. Restrict use of information awaiting expiry and prevent it returning to ordinary use after restoration.
- Check legacy media, shared drives and uncontrolled exports; allocate remediation where deletion cannot yet be completed.
- Explain any delayed disposal, its limits, access controls and planned completion date.

Backup / archive / legacy repository: 
Rotation and disposal cycle: 
Access restriction while awaiting deletion: 
Restore-and-reapply-deletion procedure: 
Technical limitation and mitigation: 
Owner / completion date / evidence: 

## 5. Place, review and release a legal hold

- Record the basis for preserving identified information, including relevant litigation, investigation or legal duties. Define a proportionate scope.
- Notify custodians and system owners, suspend relevant routine deletion and document confirmation.
- Review the continuing need. Release only on authorised instruction, then reapply the schedule; do not retain held material indefinitely by default.

Hold ID / reason / authority: 
Record scope / custodians / systems: 
Start date and notifications: 
Approver and review date: 
Access and security restrictions: 
Release instruction / date / disposal follow-up: 

## 6. Verify and maintain

- Sample a disposal path and record whether copies remain in ordinary use. Reconcile notices and ROPA with the approved schedule.
- Review changes to law, services, record classes and supplier capabilities.
- Track overdue actions and report systemic problems to the accountable owner.

Sample and test outcome: 
Disposal evidence reference: 
Notice / ROPA changes: 
Overdue exceptions and actions: 
Review owner and date: 
Version history: 

## Sources

- ICO: Storage limitation: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/storage-limitation/
- NHS England care-records retention schedule: https://digital.nhs.uk/data-and-information/information-governance/guidance/records-management-code-of-practice/appendix-ii/retention-schedule-care-records
- Notaries Practice Rules 2019: https://www.facultyoffice.org.uk/wp-content/uploads/2023/08/15.-Notaries-Practice-Rules-2019.pdf