64 lines
2.7 KiB
Markdown
64 lines
2.7 KiB
Markdown
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---
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id: RISK-POL-0002
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type: legal-policy
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title: "Retention and erasure"
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regime: "GDPR Arts 5(1)(e), 17; HGB §257; AO §147"
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status: part-active
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activates_when: "any personal data is held — the commercial half (RISK-POL-0009) is already live"
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owner: risk-nexus
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written: "2026-08-20"
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related: [RISK-POL-0009, RISK-REG-0001, RISK-F-0008]
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cadence: instant
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clean_streak: 0
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last_checked: "2026-08-20T21:30:00Z"
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next_check: "2026-08-20T21:30:00Z"
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---
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# RISK-POL-0002 — retention and erasure
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Two duties pulling opposite ways, which is why they are one policy. Storage
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limitation says keep it no longer than necessary; retention duties say keep it
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for a fixed term; erasure says delete on request. A system that satisfies one
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in isolation usually breaks another.
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## The order of operations
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1. **Is there a statutory retention duty?** (`RISK-POL-0009`.) If yes, the
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record is kept for the term, and an erasure request does not defeat it —
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Art 17(3)(b). The exemption is **per record**, not per system.
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2. **Is there a live purpose?** If not, storage limitation (Art 5(1)(e))
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requires deletion regardless of whether anyone asked.
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3. **Has someone asked?** Then Art 17, minus whatever survives step 1 or an
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Art 17(3) exemption, each of which must be identified per category rather
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than claimed wholesale.
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The periods per category are in `RISK-REG-0001`, with the reasoning and the
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weak points named.
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## What it requires of systems
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- **Deletion must be possible.** Not scheduled, not intended — possible, and
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demonstrated once. `RISK-F-0008` exists because `audit-core` established that
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in their store it currently is not.
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- **The real horizon is the maximum across co-residents.** A service declaring
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twelve months on shared infrastructure achieves the longest retention of
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anything sharing that infrastructure, including backups. Declared periods are
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claims until that is established.
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- **A commitment over cleartext defeats erasure.** A retained hash of a
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low-entropy record is a confirmation oracle: destroying the key does not
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erase content that can still be tested against a surviving commitment. Keyed
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commitments (HMAC, per-subject salt) restore erasability — open with
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`audit-core`.
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- **Minimisation beats exemption.** Operator ruling, 2026-08-20: opaque subject
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ids, agent identifiers where possible, operator credentials only where
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necessary, policy decisions tracked to the responsible party. Data that never
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arrives needs no ground, no exemption and no argument.
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## Evidence that would show this is met
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A retention schedule per category; a demonstrated deletion at expiry; a stated
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and verified co-residency horizon; a demonstrated restore proving the retained
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side works too.
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None of those exist yet, and `RISK-F-0008` carries the gap.
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