How Agencies Can Build a Compliant and Secure Data Retention Policy

The public sector generates massive amounts of information, including social benefits, tax records, health data, and traffic statistics, just to name a few. Historically, these records were stored as physical documents, housed in filing cabinets and sprawling archives. But now, with the rise of digital transformation, much of this information has traded boxes for the cloud, where data is piling up faster than you can say "compliance audit."

For agencies, this influx of electronic data, accelerated by the pandemic, has necessitated a reevaluation of how they approach their data retention strategy. Below, we look at the challenges of public sector data retention and how to build a compliant and secure policy that meets modern needs. But first…

What is Data Retention?

Stepping back from just the public sector, data retention is a critical concept for ALL organizations, both public and private, across industries. At its core, data retention refers to how data is managed after it's logged into an application or system. A data retention policy helps organizations decide what information needs to be kept, where it should be stored, and for how long. Once the data has served its purpose, it can either be archived or securely deleted.

For public agencies, having a data retention strategy is particularly important.

Data Retention Challenges for the Public Sector

Compliance with Regulations

Many public agencies are bound by stringent regulations like HIPAA and CCPA, which mandate the retention and protection of sensitive data. HIPAA is specific in requiring healthcare records to be retained for a minimum of six years, while CCPA states that retention “shall be reasonably necessary and proportionate to achieve the purposes” for which it was collected. Agencies also must be mindful of The Federal Information Security Modernization Act, or FISMA, which defines a framework of guidelines and security standards to protect government information and operations. Rather than defining a data retention requirement, the NIST security controls related to FISMA broadly refer to existing requirements, stating that "information within the system is retained in accordance with applicable laws, Executive Orders, directives, regulations, policies, standards, guidelines, and operational requirements."

While federal regulations are most well-known (and often carry the harshest penalties for non-compliance), many states have their own state-level record requirements. Like their federal counterparts, failure to adhere to these regulations can result in hefty fines and other penalties.

Accidental Data Deletion

User error is one of the most common causes of data loss. Whether mistakenly deleted files or misconfigured retention schedules, agencies risk losing critical information that must be retained for compliance or operational purposes. For organizations, such incidents can lead to non-compliance, penalties, and, in worst-case scenarios, loss of public trust. Depending on the size and impact of the incident, individual employees can even suffer consequences.

Storage Costs and Performance

Retaining large amounts of data within SaaS applications can incur additional storage costs. In Salesforce, for example, each record in your org weighs against your storage allowance/limits. Given that storage is not unlimited, you’re on the hook financially if you exceed your data and file storage threshold. Moreover, excessive data storage can degrade the performance of the application, slowing down processes that are crucial to an agency’s day-to-day operations.

Benefits of Automating Data Retention

Improved Compliance

Automation ensures that retention policies are consistently applied across all data types, reducing the likelihood of non-compliance with regulatory requirements. Automated systems can be configured to adhere to specific retention periods for different types of data, ensuring your agency stays in compliance with regulations.

Reduced Risk of Data Loss

With automated retention schedules (along with a sound backup and recovery strategy) agencies can minimize the risk of data loss. Automated tools can be programmed to automatically retain data for the required period and securely dispose of it afterward, reducing the impact of human error and data breaches.

Cost Efficiency

Automating data retention processes helps to eliminate the manual overhead associated with maintaining traditional retention policies. This can significantly reduce the costs related to labor and storage, while also optimizing performance by eliminating unnecessary data clutter.

Creating a Compliant Data Retention Policy

Building a compliant and secure data retention policy requires a thorough and well-planned approach. Here are some steps to ensure success:

• Catalog All Data Types: Begin by identifying all the types of data your agency handles, from sensitive constituent information to operational records. Each data type may have different retention requirements based on regulatory mandates, so it's important to document the retention schedule for each one.
• Determine Retention Requirements: Different regulations dictate different retention periods for various types of data. For example, HIPAA requires healthcare records to be retained for a minimum of six years from the date the document was created or last in effect, whichever is later. However, state laws may require longer retention periods. Ensure that your retention policy is tailored to meet these specific requirements.
• Integrate Tools to Help: With thousands of records entering and leaving your SaaS platforms every day, manually deleting or archiving data will quickly become untenable. Automated solutions can enforce your policies, ensuring that data is retained for the correct duration and disposed of in a secure, compliant manner.
• Review and Adapt: Regulations and technology are always evolving, and your data retention policy should evolve with them. Regularly review and update your policies to ensure they remain compliant and effective in protecting your agency’s data.

Automate your Data Retention Strategy with Own

With the right tools and policies in place, public sector agencies can build a secure, efficient, and compliant data retention strategy that helps them focus on achieving their mission. Solutions like Own Archive can help agencies customize and automate their data retention policies, ensuring data is protected and compliance is maintained at all times.