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