Guide · Technology

Data Minimization and Storage Limitation: Curbing the Over-Retention of Personal Data

Type
Guide
Jurisdiction
National
Date
2025-03-07
Topic
Technology

Data minimization and storage limitation are the paired privacy duties that tell an organization to collect only the personal data a stated purpose requires and to keep it only as long as that purpose survives. This guide traces the duties from their roots in the Fair Information Practice Principles and the OECD Guidelines through GDPR Article 5, the CCPA as reworked by the CPRA, the FTC's unfairness enforcement under Section 5, and sectoral commands in the GLBA Safeguards Rule, HIPAA, the FCRA, COPPA, and Illinois's BIPA. It quantifies the four costs of hoarding—breach amplification, standalone regulatory exposure, the discovery tax, and operational rot—and then lays out a seven-part operating program covering data mapping, classification, retention scheduling, deletion that reaches every copy, de-identification to the correct legal standard, privacy by design, and governance. Invented worked examples and a detailed FAQ turn doctrine into decisions a business can act on. The unifying idea is that the data you never collected and the data you lawfully destroyed cannot be breached, subpoenaed, sold, or fined.

Data Minimization and Storage Limitation: Curbing the Over-Retention of Personal Data

Technology > Privacy | Published 7 March 2025 - Updated 10 June 2025 | UpLaw - uplaw.us

Two questions decide whether a company is holding personal data lawfully or hoarding a liability: why do we have this, and when does it go away? This guide shows where the law forces those questions, what happens when a business cannot answer them, and how to build a program that answers them by design.

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