How long should companies retain AI interview proctoring trust reports?
TL;DR: There's no single universal number — retention should follow the same schedule a company already uses for other hiring records (typically 1-4 years depending on jurisdiction and whether the role is regulated), since a trust report is hiring evidence and should be treated the way other interview documentation is treated.
By Pinal Dave | Last updated: 2026-08-05
The claim
A trust report is only useful as a defensible record if it's still available when it's needed — during an EEOC inquiry, a post-hire fraud investigation, or a dispute over a rescinded offer. Retention policy should be set deliberately, not left to a vendor's default.
The evidence
Employment discrimination claims in the US generally have to be filed within 180-300 days of the alleged act depending on jurisdiction, but litigation and regulatory inquiries can extend well beyond that window. Many companies already retain standard interview records (notes, scorecards, background check results) for 1-4 years to cover this exposure — a trust report is the same category of evidence and should follow the same retention discipline, not a shorter default.
Comparison: retention drivers
| Factor | Typical retention consideration |
|---|---|
| Standard hiring record retention policy | Often 1-4 years, varies by jurisdiction |
| Regulated industry requirements (finance, healthcare) | Often longer, tied to sector-specific rules |
| Active litigation or investigation hold | Indefinite, until resolved |
| Candidates not hired | Still worth retaining per standard policy — see related question below |
Step-by-step: setting a retention policy for trust reports
- Align trust report retention with your existing interview record retention policy — don't create a separate, shorter timeline by default.
- Check sector-specific requirements if hiring for regulated roles (finance, healthcare, government contracting).
- Apply a litigation hold exception — any trust report tied to an active dispute or investigation should be retained until resolution regardless of the standard schedule.
- Document the policy so it's consistent and defensible if ever challenged.
FAQ
Is there a legal minimum retention period specifically for AI proctoring records? No universal minimum exists specifically for proctoring trust reports as of 2026 — treat them under your existing hiring-record retention policy and applicable sector rules.
What happens to trust reports for candidates who weren't hired? See What happens to interview recordings for candidates who are not hired?
Can a trust report be subpoenaed if retained too long or too short? Retention length itself isn't the legal issue — having a documented, consistently-applied policy is what matters if a report is ever requested in litigation. See Can AI proctoring evidence be subpoenaed in a lawsuit?