risk-nexus/findings/RISK-F-0008-audit-retention-legal-basis-assumed.md

id	type	title	status	owner	reported_by	reported_via	routed_by	date_reported	date_filed	system	environment	fix_owner	fix_tracking	related	supersedes	severity	severity_at_production	impact	likelihood	fidelity_modifier	production_rescore	disclosure	publication	publication_id	publication_path	publication_url	published_on	publication_subtitle	revision	last_reviewed	review_interval	escalation	escalation_trigger	escalation_status	accepted_by	accepted_on	accepted_until	escalation_answered	escalation_answered_by	escalation_act	decision	outstanding	determination	last_checked	next_check	cadence	clean_streak	waiting_on	graded_by	ruling	checked_by
RISK-F-0008	finding	The legal basis for retaining audit facts against an erasure request has been assumed, never established	accepted	risk-nexus	audit-core	audit-core	audit-core	2026-08-18	2026-08-19	audit-core	production	risk-nexus	unset	RISK-F-0005	RISK-N-0002	medium	high	I3	L2	false	true	public	published	risk-f-0008-audit-retention-legal-basis	findings/audit-retention-legal-basis/v1/index.html	https://policy.coulomb.social/findings/audit-retention-legal-basis/v1/	2026-09-01	The estate retains personal data in audit records on grounds nobody had actually established. Published as a question, because it is one.	published-1	2026-08-20	6m	answered	2	answered	the-custodian	2026-08-20	the estate holds a real person's data, or a counterparty requires a stated position	2026-08-20	the-custodian	rule	identity in audit records: opaque subject ids preferred, agent identifiers where possible, operator credentials only where necessary, policy decisions tracked to the responsible party; zone-level privacy guarantees may raise the floor	whether the stated target periods are achievable under platform-pg co-residency, and whether a keyed commitment restores erasability	RISK-REG-0001	2026-09-01T00:38:53Z	2026-09-01T00:38:53Z	instant	0	who what since would_change default default_at audit-core does a keyed commitment restore erasability without breaking chain verification; what is the platform-pg co-residency horizon 2026-08-20 a working keyed commitment narrows RISK-REG-0001 to retained-by-obligation categories only encrypt-then-hash recorded as the only known route, and the retention period recorded as unstateable 2026-11-17	risk-nexus	RISK-RULING-2026-08-19-C	codex/risk-nexus

RISK-F-0008 — the exemption nobody has established

What is true

audit-core holds audit evidence across tenants, targets R2 on the Tenancy Posture retention ladder, and has declared R4 — verified erasure — unreachable by design. The technical reasoning is sound and documented (audit-core/docs/erasure-and-audit.md, framework Decision 4.5.3): crypto-shredding would destroy the evidence the service exists to hold, and their integrity chain commits to a SHA-256 of the cleartext record, which survives key destruction as a confirmation oracle against low-entropy audit rows. Destroying a key does not erase content a surviving commitment can still be tested against.

The consequence is that if an Article 17 request arrives naming a data subject in the audit trail, audit-core has no mechanism. The answer would rest on audit evidence being exempt — legal obligation, or legitimate interest in fraud and security investigation.

Those grounds are ordinary. Nobody in this estate has actually reached them. audit-core routed the question here on 2026-08-18 rather than absorbing it, saying plainly that they are not competent to answer it and that they have been assuming it. §19.11 of the framework says the same in its own words: the legal basis for retaining audit facts remains a risk/legal question outside the framework.

Why this repo owns it

This is the first finding where fix_owner is risk-nexus.

INTENT.md moved regulatory intake here from policy-nexus on 2026-08-17, precisely because deciding what a rule demands of us is a judgement about risk rather than an act of publishing. audit-core routed it by both available routes and asked for an owner rather than an opinion. Refusing it would be this repo declining its own remit.

What this repo owns is the record: what the source says, when, and what therefore is or is not established. It does not own legal advice — INTENT.md is explicit — and it does not own the redesign. If the basis does not hold, audit-core owns encrypt-then-hash at accept time, and that is not retrofittable onto events already accepted.

The three questions, as asked

1. On what basis does the estate retain personal data inside audit records against an erasure request, and does that basis hold for the categories audit-core stores?
2. Does it hold across the full 30-day recoverable window and beyond, given that at P1 the real erasure horizon is the maximum across every co-resident on platform-pg, not the value audit-core declares?
3. If it does not hold, R4 is urgent rather than theoretical, and the answer is a substantial redesign with a long lead time.

Register ruling — 2026-08-19

medium today (I3 × L2), high at production, public, escalated on trigger 2.

I3: an unmet retention obligation in the audit store crosses from a technical question to an obligation with an outside counterparty, and the remediation is a non-retrofittable redesign rather than a patch. L2: no request has arrived and the estate holds no real data subject's records yet, but the trigger is somebody else's to pull and needs no foothold here.

production_rescore: true. The likelihood of an Article 17 request is a function of having real users; that is exactly what production means.

Escalation, trigger 2 — "creates or reveals an obligation with an outside counterparty". It reveals one. The estate cannot decide unilaterally that this obligation is small, and the operator is the only party who can commission an answer that is more than an assumption. The ask is narrow: authorise someone to establish the basis, or record that the estate knowingly runs on the assumption and for how long.

Disclosure public. Nothing here shortens a path to a defect: it is a question about a legal basis, published as a question. audit-core's technical reasoning is already written down and worth reading.

How it got here

Ruled a note on 2026-08-19 (RISK-N-0002) on the reasoning that no obligation exists yet. That ruling was made without reading audit-core's message, which had been in this repo's inbox since 2026-08-18 and asks specifically for an owner. The note was wrong on the second floor test: recording this does change a decision, because the redesign it might force cannot be retrofitted and therefore has to be decided early or not at all.

RISK-N-0002 is superseded by this record.

Reviews

• 2026-08-19 — promoted from note, graded, escalated. Open at review: has the basis been established or the assumption recorded; has anything changed about what categories audit-core stores.

Suggested disposition — 2026-08-20, proposed by risk-nexus

Offered because this repo owns the finding and the operator asked for a direction. It is not legal advice, and this repo cannot make it into one: what follows is a route to an answer and a hedge against the answer being no.

The reframe: the expensive thing is not the legal question

audit-core asks whether the exemption holds. That question is cheap to answer badly and expensive to answer properly, and the temptation is to schedule the proper version and wait.

But the cost of a "no" is not fixed — it grows daily. The remedy they name, encrypt-then-hash at accept time, cannot be retrofitted onto events already accepted. Every day the estate accepts events under the current scheme, the un-erasable set grows by one day. So the decision that actually needs taking now is not "is it exempt" but "do we keep manufacturing records we could never erase while we find out".

That splits the finding into two decisions with very different prices.

1. Establish the basis internally, now, for the cost of an afternoon

Not a legal opinion — a written determination that says which ground is being relied on, for which category of data, and for how long. Today the estate has no such document; that is the whole finding.

The shape it should take, per category of personal data in the audit trail:

Category	Likely ground	The part that is actually arguable
Operator and agent identifiers	Art 6(1)(f) legitimate interest in security, with Recital 49 squarely on point	little — this is the ordinary case
Counterparty or end-user identifiers in event payloads	Art 17(3)(e), defence of legal claims; Art 6(1)(f)	duration, not existence
Commercial records that happen to pass through audit	Art 17(3)(b) plus German §257 HGB / §147 AO retention	scope — retention duties cover books and invoices, not application logs generally

Where such determinations usually fail is not the ground. It is the retention period: a blanket "we keep audit forever under legitimate interest" is much weaker than "we keep these fields for N months because X". That lands precisely on audit-core's question 2 — the real horizon being the maximum across every co-resident on platform-pg rather than the declared value.

Recording the determination converts an assumption into a position that can be argued with. That is what this register exists to produce, and it does not require a lawyer to write down.

2. Stop the un-erasable set from growing — a cheaper hedge than the redesign

audit-core's stated obstacle is precise and correct: their chain commits to SHA-256(cleartext), audit records are low-entropy, so the retained hash survives key destruction as a confirmation oracle. Guess, hash, compare.

The oracle exists because the commitment is over cleartext with no secret in it. A keyed commitment removes it: replace the digest with an HMAC (or a hash over record plus a high-entropy per-subject salt) where the key or salt lives outside the audit store and is destroyable per subject.

What that buys, and why it is cheaper than the redesign they costed:

• Destroying the per-subject key makes the commitment untestable — no guess can be confirmed. That is crypto-shredding restored, which their analysis correctly found unavailable under a plain hash.
• The integrity chain still verifies. It chains over commitment values, and those persist after key destruction; what is lost is the ability to re-derive a commitment from cleartext, which is exactly what erasure means.
• It is a change at accept time only. No re-processing of stored events, no new storage layer, no change to the read path.

This is a suggestion to audit-core, not an instruction, and they own whether it is sound — they know their chain and this repo does not. The claim worth testing with them is narrow: does a keyed commitment restore erasability without breaking chain verification? If yes, the expensive redesign becomes a contingency rather than a plan, and the daily accrual stops.

3. Buy the real answer only when something triggers it

An external determination costs money and needs a real question. Propose three triggers, any of which fires it:

• the estate first holds a real person's data;
• a counterparty contract requires a stated erasure position;
• an actual Art 17 request arrives.

Until one fires, the internal determination plus the hedge is a proportionate posture, and severity_at_production: high plus production_rescore: true already guarantee this is re-read before production completes.

What this repo would record if the operator agrees

status: accepted with the determination attached, escalation answered as rule, and the review kept at 90 days. The finding stays open and visible until the determination exists — an accepted risk with no written basis is the same assumption it started as, wearing a different word.

Also worth saying, because it is the cheapest fix of all

Every field of personal data that never enters the audit trail is a field with no erasure question. Where an opaque subject identifier would carry the same evidentiary weight as a name or an address, the identifier is strictly better, and that is a audit-core design choice available today at no legal cost.

Operator decision — 2026-08-20: minimise the identity, keep the accountability

The custodian ruled on what goes into an audit record, which is the half of this finding that shrinks the question rather than answering it:

1. Opaque subject identifiers are preferred. Where an opaque id carries the same evidentiary weight as a name or an address, it is the id that goes in.
2. Agent identifiers where possible. Agents act; attribute to the acting agent identity rather than to a person behind it.
3. Operator credentials only where necessary. Not as a convenience, not as a default — where the record genuinely requires the operator.
4. Policy decisions are tracked to the responsible party. Accountability is preserved by linking a decision to who is answerable for it, not by retaining personal data in the record itself.
5. Zone guarantees may raise the floor. If a zone establishes additional privacy, pseudonymity or anonymity guarantees, those apply — the current level is not a permanent ceiling. That work is zone-engine's (ZONE-WP-0001), and this finding should be re-read when a zone lands one.

Why this is more than a preference. Personal data that never enters the audit trail has no erasure question, no exemption to establish, and nothing to argue about with a regulator. Points 1-3 shrink the population the legal basis has to cover; point 4 is what stops that shrinking from costing accountability, which is the usual objection to minimising an audit log.

It also changes the shape of the accrual problem. The un-erasable set still grows daily, but each day's records now carry less that would need erasing — so the cost of a "no" answer falls with every event accepted under the new rule rather than rising.

What is still outstanding, and stays escalated:

• The written determination of the retention basis — which ground, for which category, for how long. risk-nexus owns writing it; it needs no further authorisation and is scheduled into the next workplan.
• The trigger list for buying an external answer (first real person's data, first counterparty contract requiring a stated position, first Art 17 request). Proposed, not yet ruled on.

The escalation is therefore partially-answered, not closed. make check will keep listing it.

Routed to audit-core on 2026-08-20, together with the keyed-commitment question — which remains theirs to judge, because they know their chain.

The determination exists — 2026-08-20

docs/regulatory/RISK-REG-0001 (audit-retention-basis.md). The estate now has a written position rather than an assumption, which was this finding's substance.

What it says, in short: Art 6(1)(f) with Art 32 for operator and agent audit records; Art 17(3)(e) for records evidencing a counterparty transaction; Art 17(3)(b) only where a commercial or tax retention duty independently applies, and not extended to application logs generally.

The weak part is duration, not existence, and the record says so rather than sounding confident. A position of the form "we keep audit forever because it is audit" is the one that fails; a period per category is what holds. The estate does not have one yet, and the reason is audit-core's own question 2 — at P1 the real horizon is the maximum across every co-resident on platform-pg, not the declared value. That infrastructure fact is the most likely point of failure in the whole position.

The operator's minimisation ruling improves this materially: it shrinks the category whose retention is hardest to justify, leaving mostly the row where the ground is strong. A weak argument avoided by holding less data beats a strong one relied upon.

The finding stays open. What remains is a retention period per category, which waits on the co-residency horizon, and the trigger list for buying an external determination. The record is reviewed every 90 days with this finding, or immediately on any trigger.

• 2026-08-20 — not clean: The determination now exists: RISK-REG-0001 states the grounds per category and names duration as the weak point. Cadence instant → instant; checked again immediately.

Operator decision — 2026-08-20: no external determination, and a policy set instead

Ruled: the estate will not buy an external determination while it is building. The internal determination (RISK-REG-0001) stands as the recorded position, and the finding moves to accepted — deliberately carried, with a named accepter and a condition that ends it.

That is not the same as the trigger list being rejected. The triggers survive as what ends the acceptance: a real person's data, or a counterparty requiring a stated position. What was declined is spending money in advance of either.

The compensating control is the thing that makes this defensible. Rather than defer the question, the operator directed that the estate define and keep a set of legal policies for reuse, because future work contexts will need specific positions in place and should retrieve them rather than research them.

docs/regulatory/policies/ now catalogues thirteen, keyed by activation condition. Two of them turned out to be already active and unowned: commercial and tax retention (RISK-POL-0009), and the e-invoicing receiving obligation (RISK-POL-0012), live since 2025 with no system in the estate named as the receiving point.

Finding an unnoticed live obligation in the first hour of building the catalogue is the argument for having built it. The reason this repo exists is that regulation was previously "consulted and discarded"; a set that answers "what applies if we do X" before anyone does X is the opposite of that.

Still open under the acceptance, and unchanged by this ruling: audit-core on whether a keyed commitment restores erasability, and the platform-pg co-residency horizon that decides whether the stated retention periods are achievable. An accepted risk still gets checked.

• 2026-08-20 — not clean: Trigger list ruled: no external determination in build mode; accepted with the legal policy set as the compensating control. Cadence instant → instant; checked again immediately.
• 2026-09-01 — not clean: the regulatory record now states target periods per category; the remaining gap is whether platform-pg co-residency can achieve them, while the keyed-commitment question is unchanged. Grade and acceptance hold. Cadence instant → instant; checked again immediately.