How Long Should You Retain Personal Data?

How long should you retain personal data? That’s one of the most important—and complicated—questions every organization handling sensitive information must answer. With laws like HIPAA, state-specific medical record rules, and evolving global standards, it’s critical to know when to keep, archive, or delete data. Failing to set and follow the right retention schedule can open the door to compliance risks, security threats, and operational headaches.

Understanding data retention isn’t just about filing paperwork or ticking boxes. It’s about respecting privacy, minimizing risk, and knowing exactly when old records should be safely destroyed. Every piece of information, from medical charts to digital backups, is governed by regulations that dictate how long you can—and must—keep it. The rules can vary widely between HIPAA retention mandates and state medical records laws, making a one-size-fits-all approach impossible.

Proper record retention requires clear policies around storage limitation, deletion, destruction, backups, archives, and even litigation holds. That’s why we’ll walk through the core principles, compare federal and state requirements, and highlight what’s at stake if you get it wrong. Let’s demystify retention schedules and help you protect both your organization and the people whose data you manage.

Retention principles and purpose limitation

Retention principles and purpose limitation are at the core of responsible data management. These principles require us to keep personal information only as long as it’s genuinely needed for a well-defined purpose, and not a moment longer. This isn’t just best practice—it’s a fundamental requirement under laws like HIPAA, state medical records regulations, and many international standards.

Let’s break down what this really means for your organization:

• Purpose limitation ensures that personal data is only collected and retained for specific, legitimate reasons. For example, if we gather patient health records to provide medical care, we can’t later use or keep that data for unrelated purposes, such as marketing or research, without additional consent or legal basis.
• Storage limitation means data can’t be kept indefinitely. Our retention schedule must clearly outline how long each category of information is necessary, taking into account legal requirements like HIPAA retention rules, state medical record mandates, and industry best practices.
• Data minimization is closely tied to these principles. We should only retain the minimum amount of personal data required, reducing our risk and making compliance easier.

When data is no longer needed for its original purpose—or when we reach the end of our documented retention schedule—secure deletion or destruction is essential. This applies to both active databases and backups or archives. Failing to remove unnecessary records not only increases compliance risk but also exposes us to potential data breaches.

There are exceptions, such as a litigation hold. In cases of ongoing legal action or investigations, data that would otherwise be deleted must be preserved until the hold is lifted. It’s crucial to have a process that can pause retention schedules for any records subject to legal requirements.

Ultimately, a robust retention schedule—aligned with relevant laws and regularly reviewed—will help us comply with data retention and record retention mandates, safeguard sensitive information, and demonstrate to regulators and clients alike that we take privacy seriously.

HIPAA vs state medical record laws

HIPAA vs state medical record laws

When it comes to data retention for medical records, organizations face the challenge of navigating both federal and state requirements. HIPAA retention rules set a baseline, but state-specific laws often impose additional obligations that can complicate your retention schedule. Let’s break down how these two layers of regulation interact and what you need to consider.

HIPAA requires that covered entities and business associates maintain certain documentation—such as policies, procedures, and communications related to privacy practices—for a minimum of six years from the date of creation or when last in effect. However, HIPAA itself does not specify how long patient medical records must be retained. Instead, it’s the state medical records laws that typically dictate how long health information must be kept.

This means that if you operate in healthcare, you must comply with both:

• HIPAA’s documentation retention (usually six years)
• Your specific state’s medical record retention requirements (often ranging from 5 to over 20 years, depending on state and patient age)

If state law requires records to be kept longer than HIPAA’s retention period, you must follow the stricter standard. For example, some states mandate that pediatric records be retained until a patient reaches the age of majority plus several years, which could easily exceed HIPAA’s six-year minimum.

Storage limitation is also a major consideration. Keeping records longer than legally required increases your risk exposure in the event of a breach, and it adds to the burden of managing backups, archives, and secure deletion or destruction processes. To avoid unnecessary risk and cost, it’s essential to regularly review and enforce your retention schedule—making sure you delete or destroy records promptly when their retention period ends, except where a litigation hold or investigation requires you to keep them longer.

In practical terms, we recommend that every organization:

• Identify and document all relevant state medical records retention rules for each location where you operate.
• Align your HIPAA retention practices with those state-specific requirements, always erring on the side of the longer retention period.
• Establish clear policies for storage limitation, secure deletion and destruction, and procedures for handling backups and archives.
• Implement a process for triggering a litigation hold when necessary, so records aren't deleted during ongoing legal matters.

By understanding the interplay between federal and state regulations, you can confidently manage record retention, minimize compliance risks, and protect your organization and your patients’ privacy.

Consequences of Non-Compliance:

Consequences of Non-Compliance:

When organizations fall short on data retention or mishandle record retention policies, the impact can be significant—both immediately and in the long run. Let’s break down the real-world consequences of not adhering to laws and best practices around HIPAA retention, state medical records requirements, storage limitation, and other key obligations.

• Regulatory Fines & Penalties: Non-compliance with HIPAA, state medical record laws, or data privacy regulations can result in substantial fines. For example, HIPAA violations may trigger penalties ranging from thousands to millions of dollars, depending on the scale and intent of the breach.
• Legal Liability: Failing to honor a litigation hold or destroying records prematurely can expose an organization to lawsuits or sanctions. Courts may view improper deletion or destruction of data as evidence tampering, which can irreparably damage a defense.
• Loss of Trust: Patients, customers, and partners expect their data to be handled with care. Non-compliance or data loss due to inadequate retention or improper backups and archives erodes trust, potentially leading to loss of business and damaged reputation.
• Operational Disruption: Without a clear retention schedule, teams can struggle to find necessary records—especially during audits, legal reviews, or emergencies. Over-retaining data also strains resources, increases storage costs, and complicates data management.
• Heightened Security Risks: Holding onto data longer than necessary increases exposure in the event of a breach. Extra or outdated data can become a target for cyberattacks, making storage limitation and timely deletion critical for reducing risk.

Ultimately, non-compliance isn’t just about the threat of fines—it can create a domino effect of legal, financial, and reputational harm. By taking retention seriously, implementing robust retention schedules, and responding promptly to legal holds or deletion requirements, we safeguard our operations and those who trust us with their information.

Ultimately, the key to effective data retention lies in having a clear, actionable retention schedule that aligns with all relevant laws and best practices. Whether you’re handling HIPAA-regulated health information, state medical records, or any sensitive personal data, it’s crucial to know exactly how long to keep each type of record—and when secure deletion or destruction is required.

Remember, storage limitation isn’t just about freeing up space. It’s about ensuring that your backups, archives, and active systems only contain data that is truly needed for business and legal reasons. When records reach the end of their required retention period, prompt and secure deletion not only protects privacy but also reduces your exposure in case of a data breach.

Don’t forget to factor in exceptions like litigation holds, which require you to suspend normal destruction procedures if data might be needed for legal proceedings. Regularly review and update your policies to stay compliant with changing regulations in your industry and state.

By making record retention a proactive process—not an afterthought—you can avoid costly compliance pitfalls and build trust with your clients and partners. Take the time to map out your retention schedule, integrate it into your workflows, and educate your team. This investment will pay off in reduced risk, streamlined operations, and greater peace of mind for everyone involved.

FAQs

Does HIPAA set a record retention period?

HIPAA itself does not set a specific record retention period for medical records. Instead, HIPAA focuses on the proper safeguarding of protected health information (PHI) throughout its lifecycle, including secure storage, deletion, and destruction. While HIPAA requires covered entities to retain certain documentation—such as privacy policies and procedures, and patient authorizations—for at least six years, it doesn't mandate how long the actual medical records must be kept.

Record retention periods for medical records are primarily governed by state medical records laws and other federal regulations. These laws often dictate how long records must be stored before deletion or destruction is permitted. It's vital for healthcare organizations to check their state’s requirements when developing their retention schedule, archives, and backup protocols to ensure compliance.

In some situations, such as a litigation hold, records may need to be kept beyond standard retention periods. This ensures all relevant information is preserved for legal or regulatory proceedings. Ultimately, establishing a clear retention schedule that accounts for state medical records laws, HIPAA retention needs, and storage limitation best practices is essential for compliance and risk management.

How long should we keep BAAs and logs?

When it comes to data retention for Business Associate Agreements (BAAs) and logs, HIPAA retention requirements and practical best practices come into play. Under HIPAA, BAAs must be retained for at least six years from the date of their creation or when they were last in effect—whichever is later. This ensures that your organization can demonstrate compliance if audited or during any legal review.

For logs—such as access logs, audit trails, or security event records—the recommended retention period is also at least six years, aligning with HIPAA’s record retention standards. However, some state medical records laws may require longer retention, so it’s wise to check your state-specific regulations and factor them into your retention schedule.

Be mindful of storage limitations and plan for timely deletion or destruction of records once the retention period expires, unless a litigation hold is in place. Always ensure your backups and archives adhere to the same retention rules, so nothing slips through the cracks.

In summary, keep BAAs and logs for a minimum of six years, review state and contractual obligations, and update your retention policies regularly. This will help you stay compliant, minimize risk, and maintain an organized records system.

How do we delete data from backups?

Deleting data from backups can be a bit more complex than removing information from active systems. Backups are often designed to preserve data integrity, making it challenging to target and remove specific records. The most effective approach is to set a retention schedule for your backups, ensuring that outdated copies are automatically deleted or overwritten after a defined period. This aligns with data retention and record retention policies, including HIPAA retention rules for state medical records and other sensitive information.

When it’s necessary to delete specific data due to legal obligations or a litigation hold being lifted, the best practice is to destroy the entire backup set once it reaches the end of its retention period. For cloud or automated backup systems, look for settings that enable scheduled deletion or secure destruction of archives. Manual deletion is usually not feasible or reliable for most backup formats, so planning your backup lifecycle in advance is crucial for compliance with storage limitation requirements.

We recommend regularly reviewing your retention schedules and updating your backup policies to ensure that expired data is not retained longer than necessary. This not only protects privacy but also reduces organizational risk and storage costs, keeping your data management practices both secure and efficient.

What is a defensible deletion policy?

A defensible deletion policy is a structured approach to data retention and deletion that allows organizations to confidently dispose of records once they are no longer required by law, regulation, or business need. This means having clear, documented guidelines that specify retention schedules for each type of data—whether it's covered by HIPAA retention rules, state medical records laws, or internal policies.

To be "defensible," the policy must demonstrate that data was kept only as long as necessary, in line with storage limitation principles, and that deletion or destruction was performed in a consistent, secure way. It should outline how data is removed from backups and archives, and how exceptions are handled—such as a litigation hold that legally requires temporary suspension of deletion.

By following a defensible deletion policy, we minimize legal risk and ensure compliance with complex requirements. If challenged, we can show that our record retention and deletion practices were intentional, documented, and reasonable, making them defensible in audits or court.