Practice question
A contract ends, but limited ordinary personal records remain necessary for the controller’s defense of an existing legal claim. The controller proposes secure, proportionate retention for that actual need rather than indefinite retention of all data. Does Section 11 require automatic destruction solely because contractual performance ended?
- No; Section 11 expressly recognizes necessary retention for establishment, exercise or defense of legal claims, subject to the remaining requirements.
- Yes; every record must be destroyed regardless of legal proceedings.
- Yes; legal claims can never justify retention.
- No; this permits retaining every unrelated record forever.
- Yes; secure retention is itself prohibited processing in all cases.
Legal references
- Republic Act No. 10173, Sections 3(b), 3(j), 11, 12, 13 and 14: https://lawphil.net/statutes/repacts/ra2012/ra_10173_2012.html
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