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AI Compliance Tool

What Evidence Should an AI Governance Program Retain?

The evidence an AI governance program should keep per control, retention periods grounded in Colorado and EU duties, hashes and tamper-evidence, verified versus uploaded evidence, and export bundles.

By AI Compliance Tool editorial team · Published 2026-10-14 · Reviewed 2026-10-14 · Reviewer: Pending independent review · 10 min read

Key takeaways

  • Evidence is what turns a policy into a defensible program. For each control, decide in advance what artifact proves it ran, who produces it, and where it lives.
  • Two statutory retention anchors exist in our verified dataset: Colorado SB 26-189 requires developers and deployers to keep compliance records for at least three years (from 1 January 2027), and EU AI Act Art. 26(6) requires high-risk deployers to keep logs for at least six months (from 2 December 2027). Everywhere else, set a defensible period and apply it consistently.
  • Hash every file at upload, record who uploaded it and when, and store it where it cannot be silently edited. Distinguish 'uploaded' from 'verified' so reviewers know what has actually been checked.
  • Design the export bundle before you need it: an index, the evidence files, the hash manifest and a cover note, redacted for the audience (auditor, customer or regulator).

A governance program without evidence is a set of good intentions. When a customer, auditor, insurer or regulator asks “show me”, the answer has to be a file, not a meeting. This guide sets out what to retain for each control, how long, how to make it tamper-evident, how to separate what has been uploaded from what has been verified, and how to export it.

Why evidence, specifically

Several instruments in our verified dataset turn on records:

  • Colorado SB 26-189 requires developers and deployers of covered ADMT to retain records needed to demonstrate compliance for at least three years, with obligations starting 1 January 2027 and Attorney General enforcement subject to a 60-day cure period until 1 January 2030. A cure is only possible if you can show what you did.
  • EU AI Act high-risk duties (Annex III from 2 December 2027) are evidence-heavy: technical documentation kept up to date (Art. 11), logging capability (Art. 12), deployer log retention of at least six months (Art. 26(6)), worker notification records (Art. 26(7)) and fundamental rights impact assessments where Art. 27 applies.
  • Texas TRAIGA gives a rebuttable presumption of reasonable care to documented programs aligned with the NIST AI RMF. The presumption is only as strong as the documentation.
  • NYC Local Law 144 requires an independent bias audit within the past year and a public summary. Ontario ESA s. 8.4 is proven by copies of postings. Illinois HB 3773 is proven by notice delivery records. FTC accuracy enforcement is answered by claim-substantiation files.
  • Quebec P-39.1 s. 3.2 requires published governance policies covering retention and destruction, and s. 3.3 requires privacy impact assessments. California’s CPPA regulations require documented risk assessments (existing processing by 31 December 2027, first submissions by 1 April 2028).

None of these says keep everything; they say keep the right things, retrievably.

Evidence by control

ControlEvidence to retainProduced byNotes
AI policy adoptedSigned or approved policy with version and date; approval record (minutes, e-sign, email)OwnerKeep superseded versions
Roles assignedGovernance charter or RACI; appointment of privacy officer (Quebec s. 3.1 publication)OwnerUpdate on personnel change
AI inventory maintainedInventory export with timestamps; change logOwnerMonthly snapshot
AI literacy / trainingCurriculum, attendance or completion records, assessment resultsHR or ownerEU Art. 4
Use-case screeningProhibited-practice screen per system (EU Art. 5; TRAIGA s. 552)System ownerRe-screen on change
Risk and impact assessmentCompleted assessment, reviewer sign-off, residual-risk acceptance; PIA (Quebec s. 3.3), DPIA (GDPR Art. 35), FRIA (EU Art. 27), CCPA risk assessmentSystem ownerDated, versioned
Vendor due diligenceQuestionnaire responses, contract clauses, bias-audit or testing reports, documentation packs (Colorado developer documentation from 2027), update noticesProcurement or ownerKeep request and response dates
Notices and disclosuresPosting copies (Ontario), candidate and employee notices with send logs (NYC, Illinois), ADMT notices (Colorado, California), decision notices (Quebec s. 12.1), chatbot disclosure screenshots (EU Art. 50, Utah)HR, marketing, ownerScreenshot with URL and date
Human oversightApproval records, sample-review logs, kill-switch tests, credential-scope exportsOversight ownerSee the agent oversight guide
System reviews and testingGround-truth test sheets, adverse-impact analyses, injection-test records, accuracy metrics (EU Art. 15)System ownerBefore launch and on change
Monitoring and logsLog retention configuration, sample log extracts, monitoring reportsIT or vendorEU Art. 26(6) six months minimum
IncidentsIncident records, breach assessments, notifications, post-incident reviewsGovernance ownerInclude “no notification required” decisions
Marketing claimsSubstantiation file for each AI accuracy or capability claimMarketingFTC Section 5
Management reviewMinutes, decisions, action trackingOwnerISO/IEC 42001 clause 9 style

Retention periods

Set periods per evidence class, write them in the policy, and enforce them.

Evidence classMinimum anchored in datasetSuggested default
ADMT compliance records for Colorado consumers3 years (SB 26-189, from 1 January 2027)3 years from the record date, or from decommissioning for system-level records
EU high-risk system logs held by deployersAt least 6 months (Art. 26(6), from 2 December 2027), unless other law sets a different period6 months rolling; longer for incident holds
EU high-risk technical documentationKept up to date while the system is on the market (Art. 11)Life of system plus a defensible tail
NYC bias auditsAudit within the past year before each useKeep every annual audit and summary for the life of the tool plus three years
CCPA risk assessmentsDocumented and submitted on the schedule in the regulationsLife of processing plus a defensible tail
Everything else (policies, training, reviews, incidents, vendor files)No period in datasetSet a defensible period: life of system plus three years is a common choice that covers the longest statutory anchor above; confirm with counsel against your limitation periods

Two cautions. First, “set a defensible period” means a written, reasoned choice, not an indefinite default. Second, evidence that contains personal information is still personal information. PIPEDA’s limiting-retention principle and Quebec’s s. 3.2 retention and destruction requirements apply, so redact or minimise personal data in evidence where the control can be proven without it, and never keep raw transcripts “just in case”.

Hashes and tamper-evidence

Evidence persuades only if nobody could have quietly changed it. Four practices make a small-business store credible:

  1. Hash at upload. Compute a SHA-256 hash of every file when it enters the system and store the hash with the record. Anyone can later recompute it to confirm the file is unchanged.
  2. Record provenance. Who uploaded it, when, from where, and which control and system it relates to.
  3. Make the store append-only. Replacing a file creates a new version with a new hash; the old one stays. Use storage with versioning or write-once settings rather than a shared drive where anyone can overwrite.
  4. Keep a change log. Every status change (uploaded, verified, expired, superseded) is logged with actor and timestamp.

For system-generated logs, export periodically, hash the export, and store the hash separately from the export so a compromised log store cannot also rewrite the hash.

Uploaded versus verified evidence

Most evidence failures are not missing files; they are files that do not prove what someone assumed. Separate the two states:

  • Uploaded. A file exists against a control. It counts for nothing yet.
  • Verified. A second person has checked, and recorded, that the file is the correct document for the named system and period, is complete and legible, shows the control operating (not just a template), is dated within the required window, and matches its hash.
  • Expired. The file was valid but has passed its validity window (for example, a bias audit more than a year old under NYC rules, or a training record for a system that has changed materially).
  • Superseded. Replaced by a newer version; retained for history.

Control status should be computed only from verified, unexpired evidence. If the person who uploaded a file is also the only person who can verify it, record that limitation; a sole proprietor can still date and hash files, but should not describe them as independently verified.

Export bundles for auditors, customers and regulators

Decide the bundle format before anyone asks. A workable structure:

  1. Cover note. Who requested it, scope (which systems, controls, period), date generated, who generated it, and any redactions applied.
  2. Index. One row per evidence item: control, system, file name, date, status (verified or uploaded), verifier, hash.
  3. Evidence files. Organised by control, using the index file names.
  4. Hash manifest. The list of hashes so the recipient can confirm integrity.
  5. Inventory and policy extracts. The current inventory entries and policy version in force for the period.

Tailor the audience. A customer’s procurement team needs the policy, inventory summary, vendor due diligence and review evidence for the systems that touch their data. An ISO/IEC 42001 auditor needs management review, internal audit and corrective-action records. A regulator under a cure period needs the notices, assessments and records for the systems named in the letter. In every case, redact personal information not needed to prove the control.

Example. Sable & Finch Insurance Brokers, a fictional 45-person brokerage in Winnipeg and Denver, uses an AI quoting assistant. Its evidence store holds the approved policy (v3, hashed), the inventory entry, a dated risk assessment with reviewer sign-off, the vendor’s documentation pack and contract, the Colorado point-of-interaction notice screenshot ready for 1 January 2027, quarterly test sheets, monthly sample-review logs, two incident records (one with a documented “no notification required” decision) and the kill-switch test log. Each item has a hash, an uploader, a verifier and an expiry. When a US carrier partner sends a 40-question AI questionnaire, the operations lead generates a scoped bundle in an afternoon, redacts client names from the test sheets, and attaches the manifest.

Sources

Frequently asked

Do we need to keep every chatbot transcript as evidence?
No. Transcripts are operational data subject to privacy retention limits. Keep a defined log retention period, hold specific transcripts only when they are evidence of an incident, review or complaint, and record why.
What is the difference between uploaded and verified evidence?
Uploaded evidence is a file someone placed in the system. Verified evidence has been checked by a second person against a defined test: it is the right document, for the right system, for the right period, and it shows what it claims. Only verified evidence should count toward control status.
How long should we keep training records?
EU AI Act Art. 4 requires AI-literacy measures but sets no retention period. Keep records for the period an employee works with AI plus a defensible tail; three years aligns with the longest statutory anchor in our dataset.
Can a screenshot be evidence?
Yes, if it is dated, shows the system and URL or screen, is hashed at upload and is paired with a note explaining what it demonstrates. Undated, cropped screenshots with no context are weak evidence.

This guide is general information, not legal advice. Laws and dates are drawn from our verified regulatory dataset and link to official sources; check them for changes after the review date.