Non-disclosure orders information scheme

The following Information Law practice note provides comprehensive and up to date legal information covering:

  • Non-disclosure orders information scheme
  • What is this?
  • How does the Scheme operate?
  • Information to be recorded and when
  • Derogations from the principles of open justice
  • Transmission of information
  • What rules apply?

Non-disclosure orders information scheme

This Practice Note sets out information on the non-disclosure orders information scheme (previously known as the non-disclosure injunctions information collection scheme). It explains what it is and when and how it operates.

What is this?

The non-disclosure injunctions information collection scheme (the Scheme) originally came into force on 1 October 2012 as a pilot scheme, its aim being to collate information relating to non-disclosure injunctions (ie anonymised and super-injunctions or ‘privacy injunctions’).

Following concerns expressed in Parliament and the media about the lack of available data concerning the number of super-injunctions and anonymised injunctions applied for and granted in privacy proceedings, Lord Neuberger MR established a committee. In May 2011, the committee published a report entitled ‘Report of the Committee on Super-Injunctions’. Following this report the following were issued:

  1. Practice Guidance—this applies when seeking interim non-disclosure orders. The Practice Guidance sets out recommended practice regarding any application for interim non-disclosure orders. For more information, see Practice Note: Applications for interim injunctions for breaches of privacy

  2. a new practice direction—this established the pilot scheme for the collection of information in relation to these types of injunctions, requiring certain information to be gathered by the court and sent on to the Ministry of Justice (MoJ) for it to be analysed and published in a form that does not enable the public identification of the parties to

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