Protection of Information

This page is an extract from the full topic guidance on Protection of Information [139KB PDF]. It details any Constraints associated with Protection of Information, provides a summary of the Authoritative Guidance and lists any essential reading, further reading or associated documents.

If you have any queries on this topic, please contact the Sponsor by email: DGDC CS-2D-Asst-Hd.

Constraints

Crown servants are subject to the provisions relating to the disclosure of information under the Official Secrets Act 1989, the Armed Forces Act 2006 and the Civil Service Code. Unauthorised disclosure of information may lead to criminal prosecution.

In addition, unauthorised disclosure of certain categories of official information, including information which is about to be publicly announced, is a disciplinary offence prohibited under MOD Personnel Policy, Rules and Guidance. Disclosure is only permitted to those persons whose official duties justify a 'need to know', or where express official instructions to disclose have been received.

Authoritative Guidance Summary

Joint Services Publication (JSP) 440 The Defence Manual of Security [PDF] External link to Ministry of Defence Intranet content sets out the regulations that apply to both service and civilian staff employed in MOD and acquisition teams should familiarise themselves with its contents.

The Freedom of Information Act (FOI) 2000 came into force on 1 January 2005 and provides a general right of access to all recorded information and is covered in the Freedom of Information topic.

DEFCON 659 (Security Measures) [28KB PDF] must be included in all MOD contracts where any matter connected with the contract is to bear the protective marking CONFIDENTIAL or above. If the contract involves disclosure or generation of information marked RESTRICTED or above , acquisition teams must issue a Security Aspects Letter to the contractor.

DEFCON 531 (Disclosure of Information) [16KB PDF] must be included in all MOD contracts. It introduces a mutual obligation on the contractor and MOD to treat as confidential all information disclosed in connection with or under the contract. An additional narrative condition has been created on an interim basis to provide for a higher regime of document control and accounting by contractors.

Acquisition teams have a particular responsibility to protect commercially sensitive information and a legal duty to treat as 'in confidence' information received from Industry under an obligation of confidence.

Staff must exercise caution in providing commercially sensitive information outside of their organisations. If any member of staff is in any doubt about whether the sensitivities will be respected or feels under pressure to reveal information where there is good reason to keep it on a restricted basis, they should consult their Senior Commercial Officer (SCO)or Commercial Director (CD).

When sending electronic documents to Industry it is important to ensure that only the information intended for disclosure is sent to Industry. Some electronic documents contain more than the information visible in the document.

Any requests from solicitors or contractors involved in litigation for the release of official documents or information should immediately be brought to the attention of the SCO or mentor (at Band B2 level or above) and referred for legal advice.