How long can I legally keep phone numbers on my list?

[kolikhatun088]

Determining how long you can legally keep phone numbers on your business list depends heavily on the purpose for which you collected the number and the privacy regulations that apply to your business and the individuals on your list (like GDPR, CCPA, etc.). There isn't a single, universal time limit that applies to all phone numbers.

The core principle across most privacy laws is storage limitation: personal data, including phone numbers, should not be kept for longer than is necessary for the specific purposes for which it was collected and processed.

Here's a breakdown based on common purposes:

1. Phone Numbers Collected for Marketing Purposes:

Based on Consent: If you collected the phone number based on the individual's consent to receive marketing communications, you can generally keep the number for marketing purposes as long as that consent remains valid and has not been withdrawn.

Withdrawal of Consent: If the individual opts out or withdraws their consent, you must cease using their number for marketing purposes immediately. While you would remove them from active marketing lists, you might need to retain the number on a suppression list or internal "Do Not Contact" (DNC) list. This is an exception to the general rule, as you need to keep a record of their opt-out request to ensure you don't contact them again in the future, especially if you acquire new lists. DNC records are often kept indefinitely for compliance purposes.
Staleness/Inactivity: Keeping phone numbers indefinitely for marketing without any recent engagement from the individual can become legally questionable under principles like storage limitation and band phone number list purpose limitation, even if initial consent was given years ago. While laws don't always specify an exact time limit for inactivity, it's best practice to define a reasonable retention period in your data policy (e.g., remove from active marketing after 2-3 years of no engagement or interaction with your marketing) and potentially re-seek consent if you wish to contact them again after a long lapse.
Based on Legitimate Interests (less common for phone marketing): If you are relying on legitimate interests (which is less common and riskier for phone marketing, especially B2C or automated calls/SMS), you can keep the number as long as that legitimate interest still exists and is not overridden by the individual's rights. Again, inactivity or an objection would typically mean you must cease processing.

2. Phone Numbers Collected for Service or Transactional Purposes:

Based on Contract or Service Request: If you collected the number to fulfill a contract, process an order, provide a service, or handle a support request, you can keep the number for as long as is necessary to complete that specific transaction or service interaction, plus any period required for related business administration, warranty periods, or handling potential disputes.
Based on Legal Obligations: Businesses are often required to retain records of transactions for specific periods for tax, accounting, or other regulatory purposes. If a phone number is part of a transactional record, its retention may be governed by these laws, which can range from a few years to seven or more.
Customer Relationship: For ongoing customer relationships, you can generally keep the number for the duration of that relationship to facilitate communication about the service. Once the relationship ends and any legal record-keeping periods expire, the number should be securely deleted or anonymized, unless you have a separate lawful basis (like valid marketing consent) to retain it.
Key Principle: "Necessary for the Purpose"

The overarching legal guideline is that you should not keep a phone number longer than is necessary for the specific, legitimate purpose(s) for which you collected it. You should define clear data retention periods in your internal policies based on these purposes and relevant legal obligations. Regularly review your lists and securely delete numbers that no longer meet the criteria for retention.

In summary, marketing numbers based on consent can be kept as long as consent is valid, but DNC requests require indefinite retention on a suppression list. Service-related numbers can be kept for the duration of the service/transaction plus required record-keeping periods. Implement a data retention policy and regularly clean your lists to ensure compliance.