Record-Keeping & Data Retention Policy — Carl Argent Counselling and Coaching

Record-Keeping & Data Retention Policy

Read the practice policy below. You can contact me if anything is unclear or you need another format.

Policy Owner: Carl Argent / Carl Argent Counselling & Coaching

Date of Policy: 01/08/2025

Review Date: 01/08/2026

1. Purpose

This policy outlines how Carl Argent Counselling & Coaching creates, stores, retains, and disposes of client data. Its purpose is to ensure:

Compliance: Adherence to the General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and the BACP Ethical Framework for the Counselling Professions.
Transparency: Clients understand exactly what is recorded and how long it is kept.
Safety: Clinical records are preserved to ensure continuity of care and professional accountability.

2. What Data I Hold

I hold two distinct categories of data:

Clinical Records: Session notes, assessment forms, contracts, and any significant correspondence (emails/letters).

Note: Session notes are brief, factual summaries of the themes discussed. I do not record verbatim conversations or speculative interpretations.

Administrative Data: Contact details (name, address, GP), invoicing records, and attendance logs.

Retention Periods

In accordance with legal limitation periods and professional best practice, I retain data for the following durations:

Data Type	Retention Period	Reason
Adult Session Notes	7 years after the end of therapy.	To defend against potential civil claims (Limitation Act 1980 allows claims up to 6 years post-event).
Child Session Notes	Until the client turns 25 (or 26 if child turns 17 when therapy ended).	To allow the client time to bring a claim after reaching adulthood.
WhatsApp Messages	24 hours	As per my Digital Communications Policy, these are exported (if therapeutic) or deleted (if administrative) immediately.

Storage & Security

I am committed to keeping your data secure.

Paper Records: Stored in a locked filing cabinet within a secure office. Keys are held only by me.
Electronic Records: Stored on a password-protected device with full-disk encryption. Files are backed up to a secure, GDPR-compliant cloud service (e.g., ProtonDrive / OneDrive with 2FA).
Email: My devices are password-protected and I use a secure email provider.

Disposal of Data

Once the retention period has expired, data is disposed of securely:

Paper Records: Cross-cut shredded.
Electronic Records: Permanently deleted (including from “Deleted Items” and backups).

The “Professional Will” (Professional Executor)

In the event of my sudden death or incapacitation, I have appointed a Clinical Executor (a trusted person).

They will be granted access to my client list solely for the purpose of contacting you to notify you of the situation and offering support in finding a new therapist.
They are bound by the same confidentiality agreements as I am.

Your Rights (GDPR)

Under the GDPR, you have specific rights regarding your data:

Right of Access: You may request a copy of your clinical notes (Subject Access Request). I will provide this within one calendar month, usually free of charge.
Right to Rectification: If you believe a factual error exists in your notes (e.g., wrong address), you may ask for it to be corrected.
Right to Erasure (“Right to be Forgotten”): You may ask for your data to be deleted.

Important Limitation: This right is not absolute. I may decline to delete clinical notes if they are still within the 7-year retention period, as I have a “Legitimate Interest” (legal defense) in retaining them.

Suspension of Deletion

If a complaint, legal action, or insurance claim is raised (or threatened) during the retention period, no data will be deleted until the matter is fully resolved, even if the 7-year limit is reached.