Superinjunctions: The draconian court-issued gagging orders used to keep information secret
How MoD covered up data breach that put Afghans at risk of Taliban reprisals
- The Ministry of Defence used an unprecedented superinjunction to conceal a data breach that put an estimated 100,000 Afghans at risk from the Taliban.
- This superinjunction was granted “contra mundum” (against the world), meaning it applied to everyone, and was believed to be the first of its kind granted to the British government.
- The order, proactively granted by Mr Justice Knowles on 1 September 2023, remained in force for over 21 months.
- High Court judges, including Mr Justice Nicklin and Mr Justice Chamberlain, voiced concerns regarding the exceptional nature of the superinjunction and its impact on public trust and government accountability.
- The superinjunction was lifted on 15 July after defence secretary John Healey determined it was no longer necessary following a policy review that revised risk assessments for the affected individuals.