The MoD learned of the data breach three years ago, initially thinking only a small number of people were affected. In August 2023, it learned the spreadsheet, of Afghan Relocations and Assistance Policy applicants, was circulating online and contained details of far more people than first suspected. After a newspaper began investigating, the MoD sought an injunction. Mr Justice Robin Knowles not only granted the injunction but went further, barring disclosure of the injunction itself.
However, Mr Justice Chamberlain ordered the super-injunction be lifted this week, in MoD v Global Media and others [2025] EWHC 1806 (KB). He found ‘the sheer scale of the decision making, in terms of the numbers involved and the financial cost, meant that further secrecy was not feasible and was objectionable in principle’.
His decision follows an MoD review which concluded the Taliban likely already possess the information, therefore disclosure was ‘unlikely substantially to raise the risk faced by the individuals whose data it includes’.
Iain Wilson, managing partner of Brett Wilson, said: ‘Data breaches are an inescapable fact of modern life, with consequences that range from minor to potentially life-threatening.
‘Here, the Ministry of Defence appeared to present a strong evidential basis for the latter, and in September 2023 the court understandably granted a wide injunction. The MoD argued that revealing the injunction's existence could prompt the Taliban to try to locate the list, knowing it was considered highly sensitive. That reasoning holds, although any legal proceedings risk attracting attention.
‘The order has since been narrowed, following a government report that found the risk to those named is low. If that assessment is right, the basis for the original injunction has been undermined. There is clear public interest in the fact the government considered spending £7bn to relocate 20,000 people, especially if that was never truly necessary.’
Deputy Information Commissioner Emily Keaney said she was reassured the MoD has ‘minimised the risk of this happening again’.
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