Recommendation 6

The Afghan data-breach injunction was an exceptional measure with profound constitutional consequences. Even aside from the “superinjunction” element, it prevented public and parliamentary knowledge of a major policy response involving risk to life, substantial public expenditure and affected communities across the UK. A short period of secrecy may have been justified to reduce immediate risk to affected Afghans, but secrecy endured far longer than originally envisaged. Over time, the injunction displaced normal democratic, audit and public scrutiny; it limited controlled external challenge; and it imposed serious costs on accountability and trust among affected Afghans and the UK public. (Conclusion, Paragraph 103)