They should have to hold it for at least 90 days. In my opinion, it should be more like six months to a year.
In my mind, it's exactly equivalent to a storage space destroying your car five days after you miss a payment. They effectively stole and destroyed the data when they should have been required to return it to the actual owner.
Of course, that's my opinion of how it should be. AFAIK, there is no real legal framework, and how it actually is is entirely up to your provider, which is one reason I never trust them.