Army: Names of those who assisted British forces leaked
Consumer claims law firm Barings says it is already working with 1,000 people affected by the Afghan data breach.
The Manchester-based practice said it had “robustly challenged” over many months the superinjunction that was lifted this week, “and we are grateful to the judge for enabling this story to come to light”.
London and Manchester firm Leigh Day is also actively recruiting potential claimants, saying they will receive at least 70% of any damages.
It emerged this week that personal details held by the Ministry of Defence (MoD) of people who assisted the British forces during their time in Afghanistan had been emailed in error to numerous people and subsequently posted on social media.
They were trying to apply for support from the British government via the Afghan relocation and assistance policy (ARAP) after assisting UK forces in Afghanistan between 2001 and 2021, although it is thought that only around 10-15% of them would have been eligible for help under the scheme.
After being contacted by the media in 2023, the government secured a superinjunction to prevent any reporting of the blunder.
The government set up the Afghanistan response route in April 2024 for those who had not previously been found eligible for ARAP but were judged to be potentially at the highest risk of reprisals by the Taliban as a result of the data incident.
Barings Law said it “led the fight to have the reporting ban lifted, and for those affected, as well as their families, to be informed as a matter of urgency. Our efforts have finally proved fruitful, as the ban has been lifted and we have already taken instruction by nearly a thousand people affected by the breach”.
Adnan Malik, its head of data protection, said: “This is an incredibly serious data breach, which the MoD has repeatedly tried to hide from the British public. It involved the loss of personal and identifying information about Afghan nationals who have helped British forces to defeat terrorism and support security and stability in the region.
“A total of around 20,000 individuals have been affected, putting them and their loved ones at serious risk of violence from opponents and armed groups.”
He said that, ahead of the injunction being lifted on Tuesday, the MoD issued an email apology to those affected.
“However, it failed to meet its legal obligation to clearly inform victims about exactly what personal data was compromised, instead advising them to take steps such as deleting their social media profiles. This response is wholly inadequate.
“Our claimants continue to live with the fear of reprisal against them and their families, when they should have been met with gratitude and discretion for their service.
“We would expect substantial financial payments for each claimant in any future legal action. While this will not fully undo the harm they have been exposed to, it will enable them to move forward and rebuild their lives.”
Sean Humber, a data breach lawyer at Leigh Day, who already acts for Afghan citizens affected by previous MoD data breaches, said the breach here was “catastrophic”, adding that “the MoD seems institutionally incapable of keeping information secure”.
He said: “Those affected are likely to have strong claims for substantial compensation against the government for failing to keep the information secure and for inevitable anxiety, fear and distress this has then caused.”
Mr Humber said the firm had been approached by clients who had applied under the ARAP scheme and were “now extremely concerned to find that their personal information has been disclosed without their knowledge or consent”.
The Leigh Day website says clients would retain “at least 70% of any compensation they are awarded” under no-win, no-fee agreement.
The Daily Mail reported on the prospect of legal action yesterday with the headline: “Thanks for saving us, now we’ll sue you: Afghan data disaster takes bleakly predictable twist as ambulance-chasing lawyers cash in.”