Data Retention Policy

This policy should be read together with the Stamford International University privacy policy

PURPOSE

The purpose of this Policy is to ensure that Stamford International University documents and records are properly maintained and not held for any longer than needed to meet the principle of data limitation.

Stamford International University recognize that the efficient management of its records is necessary to comply with its legal and regulatory obligations and to contribute to the effective overall management of Stamford International University.

This document provides the policy framework through which this effective management can be achieved and audited.

BENEFITS

The benefits of effective document and records management include:

  • protecting Stamford International University business critical records;
  • ensuring that, whenever necessary, information can be retrieved quickly and efficiently;
  • demonstrating compliance with legal and regulatory requirements; and
  • reducing the risk of investigations and litigation.

SCOPE OF THE POLICY

This Policy applies to all documents and records, whether held in electronic form or otherwise.

This Policy also applies to records which third parties manage on behalf of Stamford International University.

RETENTION SCHEDULE

The Retention Schedule included within this Policy sets out the periods for which Stamford International University’s key documents and records should be held.  These take account of mandatory requirements as well as generally accepted best practice. 

The list of document and record types in the Retention Schedule is not exhaustive. If a particular document or record is not shown, guidance on the retention period should be sought from the DPO (Data Protection Officer).

STAFF RESPONSIBILITIES

Stamford International University expects all members of staff and any third parties which are contracted to provide services to Stamford International University to:

  • apply the retention periods stated in the Retention Schedule to any documents and records for which they are responsible; and
  • protect confidential/privileged documents and records and those which are vital to Stamford International University’s continued operations.

DESTRUCTION OF RECORDS

Care should be taken when selecting the method of disposal. Only documents and records which contain non-sensitive information may be placed into waste-paper bins. Any personal or confidential information should be cross-cut shredded.

Destruction of electronic records should render them non-recoverable. Steps should be taken to ensure that all backups and copies are included in the destruction process.

SUSPENSION OF DESTRUCTION

If Stamford International University becomes the subject of litigation, or an investigation by a governmental or regulatory body, no documents or records of any nature should be destroyed, even if the Document Retention Schedule states otherwise.

The DPO will be responsible for communicating the implementation of an instruction which suspends the destruction of documents or records in these circumstances.

BREACH REPORTING

Any breaches of this Policy, or practices which are considered not to be compatible with it, should be brought to the attention of the DPO and IT Director.

RETENTION SCHEDULE

Type of document/record

Category Retention period Mandatory Stamford International University Retention Period Citation
University and Financial
Stamford International University registration documentsUniversity RecordsUntil the dissolution of the University Section 1116 of the Civil and Commercial Code B.E. 2468 (1992), and as amended (“CCC”)
Board of directors meeting minutes and resolutionsUniversity RecordsUntil the dissolution of the UniversityUntil the dissolution of the UniversitySection 1207 of the CCC
Annual ReportsUniversity Records  10 Years Section 1198 of the CCC
Accounting:
Accounting records (private University) Balance Sheet, Profit & Loss account, cash flow statement – (explaining the University’s transactions, financial position of the University)Accounting Records5 years From the annual closing date (statutory)

12 months of accounting period (statutory)

150 days from the last day of an accounting period

10 years from when the tax return is due (recommend)  		 Section 14 of the Accounting Act B.E. 2543 (2000) (‘the Accounting Act’)

Sections 18, 23, 65, 68bis, and 69 of the Revenue Code B.E. 2481 (2004) (‘the Revenue Code’) and  

Section 193/31 of the CCC  
Official record of inspection of companies’ accounts (containing detailed support for decision regarding planning and performing the audit, evidence obtained, and conclusions reached)Accounting Records Audits10 years from when the tax return is due Sections 18, 23, 65, 68bis, 69, and 3septies of the Revenue Code and Section 193/31 of the CCC

(See also Announcement of the Director-General of Section 3 September of the Revenue (12 March 2001) (‘the Announcement of the Director-General’)
General taxes Information relevant to the University’s tax position including all books, records, and data carriersGeneral taxes Information relevant to the University’s tax position including all books, records, and data carriers  10 years from when the tax return is due Sections 18 and 23 of the Revenue Code and Section 193/31 of the CCC
VAT records

Records of delivery of goods or services, exports and imports, VAT invoices, etc.		Tax Records5 years (statutory)

10 years (recommended)		 Section 87/3 of the Revenue Code

Sections 18 and 23 of the Revenue Code and Section 193/31 of the CCC  
Corporate income taxTax Records10 years from when the tax return is due Sections 18, 23, and 66 of the Revenue Code and Section 193/31 of the CCC  
Records relating to tax returns

A University which may be required to deliver a university tax return for any period must keep and preserve such records  		Tax Records  10 years from when the tax return is due Sections 18 and 23 of the Revenue Code and Section 193/31 of the CCC
Human Resources
Recruitment Unsuccessful Applicants Including Special Category Data, background checks  Unsuccessful applicants’ information1 year from the date of rejection of application Section 448 of the Civil and Commercial Code B.E. 2468 (1992) (‘CCC’)
Recruitment Successful applicants’ informationHiring DocumentsFor the entire duration of the employment relationship (recommended)

10 years (recommended)  

Plus, an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings  		 Section 578 of the CCC

Section 193/30 of the CCC

Section 193/32 of the CCC
Successful Applicants InformationSpecial category data or other data collected for diversity monitoring if permitted in your jurisdiction10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings  		 Section 193/30 of the CCC

Section 193/32 of the CCC
Successful Applicants InformationBackground check data which may include / criminal conviction check data   Section 119 of the Labour Protection Act B.E. 2541 (1998) (‘LPA’)

Section 193/30 of the CCC

Section 193/32 of the CCC
Formal ID RecordsEmployment Records2 years (statutory)

10 years (recommended)

From the termination of employment relationship From the commencement of legal proceedings  		 Sections 113 and 115 of the LPA   Section 193/30 of the CCC   Section 193/32 of the CCC
Social security number or other national identity numbers  Employment RecordsNo Statutory recommended for the duration of the employment relationship.   N/A
Bank detailsEmployment Records2 years (statutory)

10 years (recommended)

Plus, an additional 10 years if legal proceedings have been initiated (recommended)

From the termination of employment relationship

From the date of payment

From the termination of employment relationship   From the commencement of legal proceedings  		 Sections 113 and 115 of the LPA

Sections 114 and 115 of the LPA

Section 193/30 of the CCC

Section 193/32 of the CCC
Information relating to the right to workEmployment Records  2 years (statutory)

10 years (recommended)

From the termination of employment relationship From the commencement of legal proceedings  		 Sections 113 and 115 of the LPA

Section 193/30 of the CCC

Section 193/32 of the CCC
Address and other personal contact detailsEmployment Records  2 years (statutory)

10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the date of payment

From the termination of employment relationship

From the commencement of legal proceedings  		 Sections 113 and 115 of the LPA

Section 193/30 of the CCC

Section 193/32 of the CCC
Work contact details (including work location)Employment Records  For the entire duration of the employment relationship (recommend)

10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended)  

From the date of payment

From the termination of employment relationship

From the commencement of legal proceedings  		 Section 193/30 of the CCC

Section 193/32 of the CCC
Next of kin and emergency contact details  Employment RecordsFor the entire duration of the employment relationship (recommended)

10 years (recommended) From the date of payment

From the termination of employment relationship

From the commencement of legal proceedings  		 N/A
Records of Promotion  Performance Records, Employment Records10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the date of payment

From the termination of employment relationship

From the commencement of legal proceedings  		 Section 193/30 of the CCC

Section 193/32 of the CCC
GrievancesPerformance Records, Employment Records10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings  		 Section 193/30 of the CCC

Section 193/32 of the CCC
Disciplinary RecordsPerformance Records10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings  		 Section 193/30 of the CCC

Section 193/32 of the CCC
Performance management  Performance Records10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings		 Section 193/30 of the CCC

Section 193/32 of the CCC
Bonus awards  Performance Records10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings		 Section 193/30 of the CCC

Section 193/32 of the CCC
Logs: Incident reports  Employment Records10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings		 Section 193/30 of the CCC

Section 193/32 of the CCC
Logs: Attendance records  Employment Records2 years (statutory)

10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the date of payment

From the termination of employment relationship

From the commencement of legal proceedings		 Sections 114 and 115 of the LPA

Section 193/30 of the CCC

Section 193/32 of the CCC
Logs: Records of Annual leave  Employment Records2 years (statutory)

10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the date of payment

From the termination of employment relationship

From the commencement of legal proceedings		 Sections 114 and 115 of the LPA

Section 193/30 of the CCC

Section 193/32 of the CCC
Logs: Location Access Records  Employment RecordsFor the entire duration of the employment relationship (recommended)

10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings  		  
Medical Records: Doctors’ notes including fit notes or similar  Medical Records2 years (statutory)

10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the termination of employment relationship

From the commencement of legal proceedings		 Clause 7 of Ministerial Regulations on The Criteria and Procedure for Medical Examination of Employees and Submission of Examination Results to Labour Official B.E.2547 (2004) (‘the Medical Examination Ministerial Regulations’)
 
Section 193/30 of the CCC
Medical ReportsMedical Records2 years (statutory)

10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the termination of employment relationship

From the commencement of legal proceedings		 Clause 7 of the Medical Examination Ministerial Regulations[ST5] 

Section 193/30 of the CCC

Section 193/32 of the CCC
Records of adjustments or accommodations at workMedical RecordsFor the entire duration of the employment relationship (recommend)

10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings		 Section 193/30 of the CCC

Section 193/32 of the CCC
PayslipsPayroll and tax records2 years (statutory)

2 years (recommended)

10 years (recommended) From the date of payment

From when the incident occurred

From when the tax return is due		 Sections 114 and 115 of the LPA

Section 193/34 of the CCC

Sections 18, 23, 65, 68bis, and 69 of the Revenue Code B.E. 2481 (2004) (‘the Revenue Code’) and Section 193/31 of the CCC
Records of gross and net salaryPayroll and tax records2 years (statutory)

2 years (recommended)

10 years (recommended) From the date of payment

From when the incident occurred

From when the tax return is due		 Sections 114 and 115 of the LPA

Section 193/34 of the CCC

Sections 18, 23, 65, 68bis, and 69 of the Revenue Code and Section 193/31 of the CCC
Records of deductions from salary  Payroll and Tax records2 years (statutory)

2 years (recommended)

10 years (recommended) From the date of payment

From when the incident occurred

From when the tax return is due		 Sections 114 and 115 of the LPA

Section 193/34 of the CCC

Sections 18, 23, 65, 68bis, and 69 of the Revenue Code and Section 193/31 of the CCC
Records of statutory (or tax) allowances Payroll and tax records2 years (statutory)
10 years (recommended) From the date of payment

From when the incident occurred

From when the tax return is due		 Sections 114 and 115 of the LPA

Section 193/34 of the CCC

Sections 18, 23, 65, 68bis, and 69 of the Revenue Code and Section 193/31 of the CCC
Tax and national insurance or social security contributionsPayroll and tax records2 years (statutory)

2 years (recommended)

10 years (recommended) From the date of payment

From when the incident occurred

From when the tax return is due		 Sections 114 and 115 of the LPA

Section 193/34 of the CCC

Sections 18, 23, 65, 68bis, and 69 of the Revenue Code and Section 193/31 of the CCC
Payslips and payroll cardsPension records2 years (statutory)

10 years (recommended) From the date of payment

From when the incident occurred

From when the tax return is due		 Sections 114 and 115 of the LPA

Section 193/34 of the CCC

Sections 18, 23, 65, 68bis, and 69 of the Revenue Code and Section 193/31 of the CCC
Post termination elections: Elections to transfer or move pension funds, etc.Pension Records10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings		 Section 193/30 of the CCC

Section 193/32 of the CCC
Dependants and beneficiaries’ data: Full name, addresses, bank details, etc.Pension Records10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings		 Section 193/30 of the CCC

Section 193/32 of the CCC
Records of electionsPension Records10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings		 Section 193/30 of the CCC

Section 193/32 of the CCC
Records of changes to contribution levelsPension Records10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings		 Section 193/30 of the CCC

Section 193/32 of the CCC
Records of employer matching or other contributionsPension Records10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the commencement of legal proceedings		 Section 193/30 of the CCC

Section 193/32 of the CCC
Health and Safety
Standard/routine employee health documentationHealth and Safety records2 years (recommended)

10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended)occupational health questionnaire completed by employee, personal and occupational health histories. From the termination of employment relationship

From the termination of employment relationship

From the commencement of legal proceedings		 Section 115 [ST7] of the Labour Protection Act B.E. 2541 (1998) (‘LPA’)

Section 193/30 of the Civil and Commercial Code B.E. 2468 (1992) (‘CCC’)

Section 193/32 of the CCC
Drug/alcohol tests: Tests of employees for drugs/alcoholHealth and Safety records2 years (recommended)

10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the termination of employment relationship

From the commencement of legal proceedings		 Section 115 of the LPA

Section 193/30 of the CCC

Section 193/32 of the CCC
Records relating to work arrangements based on employees’ health. Individual reintegration plans, individual treatment agreements, degree of incapacity for work, required workplace adaptations, etc.Health and Safety records2 years (recommended)

10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From the termination of employment relationship

From the termination of employment relationship

From the commencement of legal proceedings		 Section 115 of the LPA

Section 193/30 of the CCC

Section 193/32 of the CCC
Health and safety policies:  Policies, systems, procedures, standards, guidance  Health and Safety RecordsUntil the dissolution of the University N/A
Audit reports. Assessment of a business’s system and processes, in which it is measured against regulated criteria to make sure health and safety standards are being upheldHealth and Safety RecordsUntil the dissolution of the University N/A
Incident notifications. Notification of health and safety incidents arising from/during the conduct of business (e.g., death, serious injury or illness of a person /dangerous incident)Health and Safety RecordsUntil the dissolution of the University (recommended)

10 years (recommended)

Plus an additional 10 years if legal proceedings have been initiated (recommended) From when the incident occurred

From the commencement of legal proceedings		 Section 193/30 of the CCC

Section 193/32 of the CCC
Investigation reports: Investigation reports containing information on accidents/incidents occurredHealth and Safety RecordsUntil the dissolution of the University N/A
Risk assessments carried out in compliance with the law. Legally required assessment of the risks to the health and safety of employees to which they are exposed whilst they are at work/the risks to the health and safety of persons not in the employer’s employment arising out of or in connection with the conduct by him of his undertaking.Health and Safety RecordsUntil the dissolution of the University N/A
Records and minutes of consultations with safety representatives and committees. These could include reports, problems, statistics, recommendations made, who made the recommendations and actions taken, the introduction of any measure which may substantially affect their health and safety at work, the planning of health and safety training, etc.Health and Safety RecordsUntil the dissolution of the University N/A
Information Technology
Computer traffic dataIT Securities90 days (statutory) 2 years (recommended) from the date that data entered to the computer system. Section 12 (1) and (2) of the Notification of Ministry of Digital Economy and Society Re: Criteria on Storing Computer Traffic Data of Service Providers B.E. 2564 (2021)
Records of online meeting of the board of directors or shareholdersIT Securities90 days (statutory) Until the dissolution of the UniversityEmergency Decree on Electronic Meetings, B.E.2563 (2020) Clause 7 of the Notification of Ministry of Digital Economy and Society RE: Standards for Maintaining Security of Meetings via Electronic Means B.E. 2563 (2020)