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I am Records Manager for a midwest regional bank.  I am in the Legal Department.  Our message to employees has been "all data is discoverable, regardless of its designation as a Record or Non-Record."  
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Yes it is discoverable if you still have it. That's one of the main reasons to declare certain sets of data as records or non-records. You tell the regulators, or auditors, or opposing counsel, or whomever "We have these sets of data because we've declared them to be records and we keep them X years in accordance with our records retention schedule. We do not have these other sets of data because we declared them to be non-records and therefore we delete them when we no longer need them." That is the legal protection that  your records retention schedule and the act of declaring content as record or not affords your organization.

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Since data analytics requires we retain data longer than our schedule requires, and neither our records' policy nor our retention schedule specifically address raw data, databases, etc, and we're looking at adding verbiage to our policy that addresses "underlying data" or maybe changing retention to match our data analytic cycles or adding record types to our schedule that permit longer retentions of raw data vs final records. 
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What data analytics are you referring to? What is the requirement? Is there a specific requirement to keep "raw data" longer than the established retention period for the data of that application? Raw data (for lack of a better term)is the hardest thing of all to keep long term within its native application. Too many changes over time, even if it's the same application. In mainframe, copy books change regularly and the older the data is the less chance that you'll be able to read it. If you have a real requirement to keep the data longer term than the record series that you've assigned the native application, Basel for instance, consider moving the needed data elements into a data warehouse built for that purpose. But you should apply retention to that repository as well, and the retention should be based on the function/purpose of the repository.

Gary Link
Pittsburgh, PA
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