A student has requested their records be destroyed under their ‘Rights of Erasure’ – what should you do?

We have had a number of teachers contacting us to say that their students have requested their notes be destroyed, under their students Right of Erasure. Whilst students do have the right to request this, there is no absolute right for this to be granted. 
 

There are provisions under the GDPR with regards to keeping records to defend yourself in a claim situation (When can I refuse to comply with the right of erasure - https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-erasure/ -), which clearly give you the right to retain your student records to comply with your insurance policy Terms and Conditions. For the Yoga Insurance Policy this would be 7 years after the last occasion when treatment was given, or 7 years after they reach the age of majority, if treating a minor. 

 

Record retention periods should be noted in your Privacy Notice.