Retention Policy for the Records that are Created and Managed by the Office of the Umpire

1.    Background

The GDPR puts forward the principle that personal data and sensitive personal data should not be retained for periods that are longer than necessary. In this context, the office of the Umpire is putting forward a retention policy for all data and documentation that it collects and processes, to ensure compliance with the Regulation and to ensure that no resources are utilised in the processing and archiving of data which is no longer of relevance.

2.    Objectives

The National Archives of Malta (NAM) authorised the implementation of Retention Policy Number: REP2022-09, for the records that are created and managed by the Office of the Umpire within the Ministry for Social Policy and Children’s Rights (MSPC) in that:

1. This policy will guarantee that the said records are properly appraised and that records of enduring historical value will be transferred in due time to the National Archives for permanent preservation.
2. This policy will be reviewed at least every five (5) years from the date of issue (06^th September 2022), to ensure that all the processes and documentation categories are still valid and relevant in view of any changes of procedures or law. It also supersedes any retention policy that might have been implemented in the past for the same records.
3. The authorisation of this policy relates only to the requirements of the National Archives Act of 2005 (Cap. 477.), and not any other obligations which might exist under other legislation.

3.    Documentation

Documents that include the appeal lodged by the appellant and the reply of the Department of Social Security together with relevant documents. The appeals will be lodged online together with all documents presented during the sittings will be uploaded online, where they can only be accessed by the Umpire staff. The uploaded documents will include the minutes and decisions, so it is of utmost importance that all documents will be retained for five years from the death of a person, in view that an appeal might be appealed in Court and a copy of the appeal must be sent to the State Advocate and the Courts. Also, the documents might be required years after if asked for by the Umpire in another appeal lodged. The same applies to the files held by the Legal Office of the Department of Social Security. Records are both in paper or digital format.

4.    Retention Period

5.    Archival Action (When Retention Period Expires)

A random sample of ten (10) files from each year are to be retained and transferred to the National Archives for permanent preservation.

6.    Conclusion

This retention policy aims to achieve a good working balance between the retention of useful and meaningful information in line with the provisions of the relevant legislation and the disposal of data which is no longer required and is being archived unnecessarily. Data that needs to be destroyed after the noted timeframes will be disposed of efficiently to ensure that such information will no longer be available within the Office of the Umpire. The Data Protection Controller and Data Protection Officer are aware of the noted retention periods and will instruct all relevant personnel to follow the indicated procedures accordingly.

It is to be noted that anonymised or statistical data do not fall within the parameters of this Retention Policy, since they do not constitute identifying personal data.

This policy has been approved on the 06 September 2022 by the National Archives of Malta (NAM), (Retention Policy no. REP2022-09) and the Department of Social Security. This policy will be reviewed at least every five (5) years from the date of issue to ensure that all the processes and documentation categories are still valid and relevant in view of any changes of procedures or law.  It also supersedes any retention policy that might have been implemented in the past for the same records.

Updated: 30^th November 2022