[BreachExchange] MOH takes legal action in US against Brochez

[Destry Winant]

https://www.straitstimes.com/singapore/moh-takes-legal-action-in-us-against-brochez

The Ministry of Health (MOH) is taking legal action in the United
States courts against American Mikhy Farrera Brochez to reacquire the
stolen HIV Registry data in his possession.

In two separate statements yesterday, the MOH first said it had filed
civil proceedings in the US courts before elaborating later that it
has sought an injunction from the US courts to "prevent further
disclosure of the confidential information that Mikhy Brochez had
obtained from the Singapore Government, and to get him to return the
information".

These moves came shortly after the US Justice Department said last
Friday that Brochez had been investigated by the Federal Bureau of
Investigation and was charged in a Kentucky court with the possession
and unlawful transfer of stolen identification documents.

Brochez, 34, was named by the MOH last month as the culprit who leaked
online the personal information of 14,200 individuals with HIV.

In a news release last Friday, the US Attorney's Office, Eastern
District of Kentucky, said: "The criminal complaint alleges that
Farrera-Brochez illegally possessed and intended to distribute data
containing sensitive medical and other identifying information.

"While living in the Eastern District of Kentucky, Farrera Brochez
sent links to the data from his e-mail account to several news
outlets. He also sent e-mails to several government officials in
Singapore containing links to the data."

Hours later, the MOH and Singapore Police Force said in a joint
statement: "The Singapore authorities are aware that Brochez has been
arrested and charged in court in Kentucky, USA. The Singapore
authorities have been working closely with our US counterparts.

"Concurrently, we have also filed civil proceedings in the US courts,
and are doing everything we can to protect the interests of the
individuals affected."

MOH revealed on Jan 28 that Brochez got hold of the details of 14,200
people diagnosed with HIV here since 1985, and leaked the data, which
included their names, contact details and medical information. He has
denied the allegations.

Brochez lived in Singapore from 2008 before being jailed in 2017 for
fraud and drug-related offences and lying to the Manpower Ministry
about his HIV status to get an employment pass. He was released from
prison last April and deported.

In Parliament this month, Singapore's Health Minister Gan Kim Yong
said police will "spare no effort" in bringing Brochez to justice.

The Straits Times had earlier reported that a tricky process lay ahead
in seeking Brochez's return to Singapore, as he is not the subject of
an arrest warrant here nor is he facing charges under the Official
Secrets Act.

MOH's decision to seek an injunction is one of several legal options
the authorities could pursue after filing civil proceedings, lawyers
The Sunday Times spoke to said.

Hilborne Law managing director Rajan Supramaniam said these could be
claims for damages, intrusion into a person's privacy or defamation.

Singapore Management University law don Eugene Tan said: "It is
unlikely that the authorities here will be suing him for damages,
because compensation will be grossly inadequate for the distress and
anguish caused. What is precious are the stolen records, and the
imperative is to compel him to return what he has stolen, so that
further leaks are prevented."

Last Monday, Brochez was in court to face trespassing charges, after
having been arrested last December for refusing to leave his mother's
home in Clark County in Winchester, Kentucky.

The Sunday Times understands Brochez is being detained at the request
of the US government, pending the outcome of the stolen data case. He
will appear before a judge in Kentucky on Wednesday to determine if he
should continue to be detained while the case is pending.