Common use of Protective Marking Clause in Contracts

Protective Marking. Sensitive personal data as defined in the Data Protection Act 1998 is personal data consisting of information as to: a) racial or ethnic origin of the data subject, b) political opinions, c) religious beliefs or other beliefs of a similar nature, d) trade union membership, e) physical or mental health or condition, f) sexual life, g) the commission or alleged commission of any offence, or h) any proceedings for any offence committed or alleged to have been committed, the disposal of such proceedings or the sentence of any court in such proceedings. In particular, any information shared between SPS and NHS which includes data on the prisoner’s physical health, mental health or condition must be treated as sensitive personal data. Sensitive personal data must be protectively marked as follows: • SPS will use the Government Protective Marking Scheme (GPMS) and will mark sensitive personal data as RESTRICTED; • NHS will use the NHS Protective Marking Scheme and will mark sensitive personal data as NHS CONFIDENTIAL. Protectively marked information will be provided on the understanding that it will be stored, transferred and destroyed in accordance with the information security requirements described below.