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MoD’s “Super‑Injunction” Revealed: Secret Afghan Data Breach Sparks Major Political and Legal Fallout

A rare contra mundum super‑injunction, imposed in September 2023 to conceal a massive Ministry of Defence (MoD) data breach, has finally been lifted. The landmark High Court ruling has illuminated one of the most serious UK security incidents in recent memory.

The Breach and the Cover‑Up

In February 2022, a MoD official mistakenly leaked a spreadsheet containing personal details of nearly 19,000 Afghan nationals—many of whom had assisted UK forces and applied under the Afghan Relocations and Assistance Policy (ARAP). It wasn’t until mid‑2023, when some of the data surfaced on Facebook, that the breach was discovered.

The disclosure included names, contact information and, in some instances, family details—effectively creating what human rights advocates feared could become a Taliban “hit list”.

A Secret Operation and Rising Costs

The government obtained a “super‑injunction contra mundum” in September 2023—baring publication not only of the breach but of the injunction itself. This remained in place until 15 July 2025.

In response, the MoD quietly launched Operation Rubific, later known as the Afghanistan Response Route (ARR), which airlifted around 6,900 people at an estimated cost of £800m–£850m, with rumours of the wider operation costing up to £7bn.

Covert assistance extended to approximately 16,000–18,500 Afghans, including family members and those unauthorised by original ARAP criteria.

Judicial Reconsideration and Transparency

In June 2025, the government commissioned the Rimmer Review, which concluded the Taliban “likely already possess” the data; the risk of further harm was therefore reduced, and public interest in transparency warranted lifting the injunction.

On 15 July 2025, HHJ Chamberlain discharged the injunction, noting that keeping the order in place suppressed democratic oversight and limited aid to hundreds of thousands potentially affected.

Ongoing Fallout: Political, Legal and Human Implications

Parliamentary scrutiny is now underway. MI6 is expected to be questioned by the Intelligence and Security Committee, while the Defence Committee considers whether a full public inquiry is warranted.

Legal claims are mounting. Barings Law and Leigh Day are pursuing group actions on behalf of thousands—potentially running into hundreds of millions in compensation—even as the MoD disputes liability for those not yet relocated.

Human rights concerns persist. Afghan nationals still in the country report going into hiding, fearing targeting by the Taliban. At least 17 people are believed to have been killed post‑leak—some cases directly linked to the breach.

Government Response & Public Reaction

Defence Secretary John Healey has offered a “sincere apology” in Parliament and endorsed the withdrawal of the injunction.

ICO fined the MoD £350,000 in 2023 for a separate ARAP email blunder and has welcomed lessons learned, although critics say repeated failures demonstrate systemic failure.

Public sentiment is mixed. Some support the covert evacuation of at‑risk Afghans, but there’s growing concern over cost, secrecy and impact on community cohesion.

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