Information Management – the legal issue

The main pieces of legislation that affect the retension of business information are:-

• The companies act 1985 & 2006
• The limitation act 1980
• The electronic communications act 2000
• various finance acts such as SO

For personal information the primary pieces of legislation are

• The data protection act 1998
• The human rights act 2000 – the right to respect for personal privacy

For organisations that deal with the public there is also specific requirement with regards to:-

• Freedom of on information act 2000
• managment, use and retention of public records

However, there are other specific obligations, for example on relation to employee data or health & safety records, which may affect specialist businesses. There is also a multitude of “soft law” – the various codes of practice that apply in particular areas and can affect retention decisions.

Finally, there are non-statutory but still mandatory rules.

In the eyes of the law, there is no difference between phsyical and electronic records. The same management process applies. To apply a robust information strategy for the business you must consider:-

• The key legislation for your sector / business are regarding usage, retension and disposal of stored data
• Specifics for storing personal information and legislation affecting access to it
• How you woul disclose the information in a legal proceeding