Measure 4.10 · evidence and minimisation

Legal File 4.10: Ten-Year Traceability Without Keeping Everything Forever

A decision must be reconstructable without turning every court file into a permanent warehouse of personal data.

Legal File 4.10: Ten-Year Traceability Without Keeping Everything Forever
Legal File 4.10: Ten-Year Traceability Without Keeping Everything Forever

The Plan principle

Measure 4.10 calls for complete traceability of AI-assisted decisions and ten-year record keeping. The objective is sound: a contested decision must be reconstructable. But keeping every raw personal record for ten years would create a new legal and security risk.

What must be traceable

ElementPurpose
Case identifierConnect the trace to the correct file.
System versionKnow which model and configuration were used.
Date and contextReconstruct the state of the system.
SourcesVerify the documentary basis.
OutputUnderstand the assistance provided.
Human actionRecord acceptance, change, rejection and reasons.
IncidentsIdentify other cases potentially affected.

Ten years does not mean every item for ten years

Differentiated retention. Evidentiary logs and final decisions may require long retention. Temporary prompts, working copies and raw personal content need separately justified and often shorter periods.

Working clause

Differentiated retention

A decree adopted after consultation with the French data-protection authority shall define retention periods by data category, intermediate archiving, access controls, integrity safeguards and deletion. Ten years shall apply only to elements necessary for evidence, appeal, audit and accountability.

Main official sources

  1. CNIL — data retention periods
  2. French Heritage Code, Article L. 212-3
  3. EU AI Act