Information request and response under the Freedom of Information (Scotland) Act 2002
FOI Reference: FOI/202500456898
Date received: 12 March 2025
Date responded: 9 April 2025
Information requested
Request for Information 1: If the minimum amount of time you store data for is increased, does that apply to all data or only new data/data that was changed from the date the effective new minimum retention period is enforced?
Request for Information 2: How do you decide the minimum amount of time to store data for?
Request for Information 3: Where do you publish the minimum data retention period?
Request for Information 4: If you change the minimum amount of time that you store data for, where do you publish the new minimum amount of time?
Response
Request for Information 1
While our aim is to provide information whenever possible, in this instance Social Security Scotland does not have the information you have requested. This is because we do not hold any information relating to this question.
You may however find it helpful to know that Social Security Scotland creates, receives and manages large amounts of information in order to carry out its functions.
To ensure we don’t keep information longer than necessary we apply retention periods to the different classes of information we hold. These retention periods vary depending on the type of information and the value it has to the organisation. If a retention period is either decreased or increased, the change of retention period will be applied to all information of that specific type. If that retention period was to change it would apply to all information in this category.
Our retention schedule is currently under review to ensure that the categories of information, and how long they are kept, remain up-to-date.
This is a formal notice under section 17(1) of FOISA that Social Security Scotland does not have the information you have requested.
Request for Information 2:
Please find attached our retention and disposal policy, and retention schedule which we are required by law as stipulated in the Public Records (Scotland) Act 2011 to hold:
Public Records (Scotland) Act 2011
Different pieces of legislation specify how long certain categories of information need to be kept for which you can see in our retention schedule.
In regards to personal data all information is subject to the data minimisation principle under Article 5(c) UK GDPR which states that we should not hold information any longer than necessary for the function which it was collected for.
An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. names of individuals and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.
This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
Request for Information 3:
While our aim is to provide information whenever possible, in this instance Social Security Scotland does not have the information you have requested.
This is because we do not currently publish our retention schedule.
We have however provided you with a copy of this as part of our response to question two.
This is a formal notice under section 17(1) of FOISA that Social Security Scotland does not have the information you have requested.
Request for Information 4:
While our aim is to provide information whenever possible, in this instance Social Security Scotland does not have the information you have requested.
This is because we do not currently publish our retention schedule.
This is a formal notice under section 17(1) of FOISA that Social Security Scotland does not have the information you have requested.
About FOI
Social Security Scotland is committed to publishing all information released in response to Freedom of Information requests. The Scottish Government also publishes responses to requests. You can view the responses at http://www.gov.scot/foi-responses.