If a user writes a comment on a website that gets flagged and removed+archived are we still obligated to delete the user content and/or the association of that comment with the person? According to GDPR and CCPA are we obligated to delete/disassociate user created content even if the user has violated the terms of service?

Wouldn't it be disadvantageous legally speaking if a user later on opened a law suit and we had no record of our interactions with that individual because we deleted their content in order to comply with these laws?

1 Answer 1


Why do you think you are required to delete it?

For example Article 7 of the GDPR has an exemption (among many others):

for the establishment, exercise or defence of legal claims.

  • Plus the service or website has a legitimate interest in maintaining records for the purposes of monitoring abuse of the service.
    – user28517
    Jan 16, 2020 at 7:57
  • Does the same apply for CCPA? Nov 9, 2020 at 14:27
  • similar clause in ccpa: 1798.145.a.d " (a) The obligations imposed on businesses by this title shall not restrict a business’ ability to: ... (4) Exercise or defend legal claims." Jan 10, 2021 at 8:48

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