Fact check: We use ATS for hiring purposes. Is it true that in California, we're required to retain applicant data for up to four years.

1. Summary of the results

The statement about California's four-year data retention requirement is accurate. Senate Bill 807, which went into effect on January 1, 2022, explicitly requires employers in California to preserve personnel records for both employees and applicants for four years from the date of creation ^{[1] [2]}. This represents an extension from the previous three-year retention period ^[1].

2. Missing context/alternative viewpoints

Several important additional details were omitted from the original statement:

• The retention period can be extended beyond four years if a complaint is filed with the California Department of Fair Employment and Housing (DFEH), in which case records must be kept until the matter is fully resolved ^[2]
• The requirement applies to all personnel records, not just ATS data, and covers both:

Hired employees' records

Records of applicants who were not hired ^[1]

While the statement mentions ATS specifically, sources discussing ATS systems ^{[3] [4] [5]} focus on general usage patterns and benefits rather than compliance requirements, suggesting that the retention requirement applies regardless of the system used to store the data.

3. Potential misinformation/bias in the original statement

The original statement's focus on ATS systems might create an incorrect impression that:

• The requirement only applies to ATS-stored data
• Different rules might apply to paper records or other storage systems

This narrow framing could lead to compliance issues, as the law applies to all personnel records regardless of storage method ^{[1] [2]}. The statement also fails to mention the potential extension of the retention period in case of DFEH complaints, which could lead to premature record disposal and legal complications.