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Government’s “Super Injunction” on leaked System Criticized as “Betrayal” and “Surveillance Blank”
A government initiative, described as a “big failure” and a “betrayal,” has come under intense scrutiny following the revelation of a “super injunction” used to suppress media reporting on a new settling support system. Introduced last year after a significant data leak, the system’s flaws were quickly identified by news outlets.
In response to the media’s discovery, the government sought and obtained a court order for an injunction, which not only halted reporting but also prohibited the disclosure that such an injunction was in place. Defense Minister Healy stated he was unaware of any other similar orders.
Healy informed the House on the 15th that he had learned of the incident while serving as the shadow defense minister during Labor’s time in opposition. However, he was prevented from speaking out due to what he termed an “unprecedented” injunction.
In 2024, Judge Chamberlain highlighted that the press injunction had “stolen concerns about serious freedom of speech.” He further commented, “This super-injunction had the effect of completely halting the normal mechanism of accountability in democracy,” characterizing it as a “surveillance blank.”
Court documents unsealed on the 15th revealed that then-Defense Minister Ben Wallace had personally invoked the Super Injunction to allow the government time to implement “any reasonably possible action” to “help people who might potentially be at greater risk from information leaks.”
The injunction was extended in November 2023, with the justification that the Taliban might not be aware of the leaked information. However, Judge Chamberlain ultimately decided to lift the order. His decision was based on an internal Ministry of Defense inquiry that concluded the Taliban “is highly likely already likely to have key information on the data set.” The judge reasoned that publicizing the order would not “reduce the risks considerably” for those affected.
“This information leak was something that should never have happened and was an unacceptable violation of all relevant data management rules,” stated Rep. James cartridge, who was a minister when the secret system was established and now serves as the shadow Conservative Defence Minister.
Erin Orcock,an attorney with Lee Day,a law firm representing applicants and numerous families involved with the ARAP system,condemned the leak as a “devastating failure.”
earlier this month, the government announced its intention to offer compensation to Afghan individuals whose personal data was compromised in a separate leak incident.
