In this case, the complainants involved had previously requested that an Irish state agency erase a file pertaining to an incident at school involving their young child which had originally been notified to the agency. However while the agency had decided that the incident did not warrant further investigation, it had refused to erase the minor’s personal data — indicating that such files are retained until the minor in question reaches the age of 25 years.

The Data Protection Commission (DPC) requested that the state agency outline its lawful basis for the retention of the minor’s personal data . The agency provided this and cited its retention policy as stated to the complainants, but the DPC did not consider a blanket retention period applicable in the particular circumstances .

The DPC informed both parties of the amicable resolution process and both expressed a willingness to engage on same . After iterative engagement between the complainants and the controller to discuss the matter, the state agency confirmed to the complainants that the file containing their child’s personal data would be deleted