Afghans exposed in huge MoD data leak could get thousands in compensation
Around 18,700 Afghans had their names and contact information breached when an MoD official emailed a secret database to trusted Afghan contacts in February 2022.
The blunder, which was only discovered by the government in August 2023, resulted in some 16,000 Afghans being brought to safety in Britain as part of a covert operation, over fears they would be targeted by the Taliban.
The database included details of Afghan applicants to the MoD's resettlement scheme, and the discovery of the leak sparked an unprecedented superinjunction, gagging the press and preventing any discussion of its very existence for nearly two years.
Though some 3,700 principal applicants whose data was shared will be given sanctuary in Britain, the rest will not be helped after a government-commissioned review concluded that it was unlikely that 'merely being on the dataset would be grounds for targeting'.
Now, hundreds have signed up for compensation claims against the MoD over the breach. One claim is being run by law firm Leigh Day, which represents at least 70 people and is taking on new claimants every day, estimating that their clients could get thousands of pounds each in compensation.
Leigh Day partner, Sean Humber, said: "As the injunction was only lifted over a week ago, which is when those affected became aware that their personal data had been disclosed without their knowledge or consent, this claim is still at an early stage.
"We expect the level of compensation to be in the thousands, although the exact amount is likely to vary and will probably be higher for those remaining in Afghanistan compared to those that have successfully relocated to the UK."
Barings Law, a Manchester-based firm who are also organising a claim, reportedly has over 1,000 clients. Adnan Malik, head of data protection at the firm, claimed that their clients would get 'at least five figures'.
Compensation claims often settle before they reach court, but the MoD has already said it will fight 'any legal action or compensation'. It will also not proactively hand out payouts to those Afghans who have been affected, despite offering up to £4,000 each for 265 Afghans impacted by a smaller data breach in 2021.
One independent case worker, who supports Afghan resettlement applications, said: 'For people whose details were breached but have no hope of ever being found eligible for resettlement in the UK, a compensation payment will allow them to relocate – whether than be by funding passports and visas to another country, or internally in Afghanistan.
'Whilst the government may argue that we have no obligation to evacuate every family affected by the data breach, there is a duty of care to give them the means to improve the safety of their situation.'
Sarah Fenby-Dixon, Afghanistan consultant at the Refugee Aid Network, said: "Compensation money will be useful to families, as many members of the former Afghan security forces feel they can't work for fear of being identified. This applied to both those affected by the leak and those not".
A Ministry of Defence spokesperson said: 'These are hypothetical claims, and we will robustly defend against any legal action or compensation.
'The independent Rimmer Review concluded that it is highly unlikely that merely being on the spreadsheet would be grounds for an individual to be targeted, and this is the basis on which the court lifted its super injunction this month.'
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