Singapore vows to pursue American man Mikhy Farrera Brochez over HIV data leak as public disquiet brews
Singapore on Tuesday vowed to go after an American man accused of publishing data on thousands of people with HIV, even as the government denied covering up the leak despite knowing about it for almost three years.
Gan told a meeting of the country's parliament on Tuesday that authorities had wanted to protect the privacy and well-being of the affected people and were initially unaware that Brochez possessed details from the country's entire HIV registry.
"[The ministry] made a judgment call, balancing the various considerations. It is arguable that [the ministry] should have made a different call. But I reject any allegation that [it] sought to cover up the incident," he said, adding that it was possible that Brochez had more files on him, and Singapore police were working with their counterparts in the US to monitor the internet for further leaks.
An undated file image of Mikhy Farrera Brochez in Singapore. Photo: EPA
The scandal, which broke last month, has heightened public disquiet in the country over slip-ups and mistakes by a government that has staked its reputation on being efficient and honest.
Eugene Tan, a political observer and law professor at Singapore Management University, said the latest breach had "dented public confidence" in the systems of governance.
"People expect and demand a high level of competency and efficiency from the Singapore government," he said.
The HIV incident was the third health scandal in four years, and came on the heels of the death of a local celebrity during a military training accident.
A hepatitis C outbreak at a local hospital in 2015 killed at least seven people, while last year, a massive data breach affected 1.5 million patients, including the prime minister, and raised fears of a state-sponsored cyberattack.
Photo released by Aloysius Pang's family announcing his death. Source: Instagram
When popular actor Aloysius Pang died during a military training exercise in January - the fourth such death in less than 18 months - it raised more questions about government competency.
Singapore mandates that all young men serve in its armed forces, police force or civil defence force for at least two years, with them subsequently going for annual training exercises.
The public outcry that resulted from Pang's death prompted the country's defence ministry to issue a public apology in parliament on Monday after earlier halting all military field exercises and announcing a review of its annual training schedule.
Soldiers from Singapore at a training exercise in Australia in 2014. Photo: Handout
Singapore first disclosed on January 28 that Brochez had published online the names, ID numbers, phone numbers, addresses and other personal information of 5,400 Singaporeans diagnosed with HIV up to January 2013 and 8,800 foreigners diagnosed up to December 2011.
The American was deported last year after being convicted and imprisoned on numerous drug-related and fraud offences, including lying about his own HIV status.
Authorities first learned that he had obtained the information from Singapore's HIV registry in 2016, allegedly through his boyfriend Ler Teck Siang, a Singaporean doctor whose job granted him access to the registry.
But Gan, the health minister, said the government had decided not to make the news public.
"On one hand, there is the need to be transparent," he said. "On the other hand, we need to consider the impact of an announcement on the affected persons with HIV - would it serve their interest, or harm them instead?"
A computer generated image of the human immunodeficiency virus, HIV. Photo: Alamy
This decision was reversed when it was discovered Brochez possessed the entire HIV registry, had put the information online and provided a link to a non-government party, Gan said.
The recent spate of apparent lapses by the health and defence ministries has sparked widespread criticism, including a rare rebuke from Singapore's tightly controlled media. An editorial in the
Chinese-language daily Lianhe Zaobao on February 1 blamed government "complacency" for the mistakes. It said that the system of reward and punishment, with rank and file staff penalised and senior management taking little to no responsibility, could lead to a mentality of people not taking their work seriously.
The opposition has also pushed for greater accountability from the Cabinet. Defence minister Ng Eng Hen, however, has rejected the possibility of any resignations. "Commanders of units which do not meet standards and have committed lapses in safety procedures and processes will have this marked against them in their performance reviews," he told parliament on Monday.
Singapore's Defence Minister Ng Eng Hen. Photo: AFP
Younger leaders in the cabinet were steadfast in insisting the government had not gone soft. Finance Minister Heng Swee Keat, tipped to be the next prime minister, issued a rebuttal in The Straits Times on February 9, insisting his government had not "gone slack".
"Where individuals are found culpable or wanting, we do not hesitate to take action," he said, citing previous examples of lapses where senior officials had been disciplined, punished and even dismissed.
"We will not flinch from taking a hard look at ourselves each time there is a failure, and doing whatever is necessary to put things right," he said. "[The Lianhe Zaobao editorial] raises serious questions that my colleagues and I will not shirk."
Tan, of Singapore Management University, said the editorial reflected the concerns and sentiments of some Singaporeans "in light of the recent lapses".
"The government has no alternative but to make things right, or public confidence will further erode," he said.
Additional reporting by Reuters and Agence France-Presse
January 2008 - Mikhy Farrera Brochez arrives in Singapore from the US. Begins living with Ler Teck Siang.
March 2008 - Brochez, who is HIV-positive, uses a sample of Ler's blood to get a work permit and set up a private practice as a child psychologist.
March 2012 - May 2013 - Ler is head of Singapore's National Public Health Unit with access to the HIV registry.
November 2012 - An investigation begins into Ler and Brochez.
May 2013 - Ler reassigned and his access to the live HIV registry is terminated.
November 2013 - Brochez again uses Ler's blood to pass a HIV test.
January 2014 - Ler resigns from his post.
April 24, 2014 - Brochez and Ler marry in New York.
May 2014 - Brochez attempts to leave Singapore, is stopped and made to provide a police statement. Lies about providing his own blood in November 2013. Refuses a fresh test.
2016 - Health Ministry introduces new safeguards against mishandling of information including a two-person approval process and a dedicated terminal for download and decryption.
April 2016 - Brochez arrested for repeatedly refusing a blood test.
May 2016 - Authorities first learn Brochez had access to confidential data after he names 75 people on the HIV registry. Ler's and Brochez's flats raided. Several forged education certificates found at Brochez's home as well as a Bahamian passport. Records from registry discovered in Brochez's email and deleted. Ler arrested over falsified blood tests.
June 2016 - Brochez remanded in custody. Later charged.
Jun 24, 2016 - Ler charged with offences under the Penal Code and Official Secrets Act.
2017 - Use of portable storage devices on officials computers disabled as part of a governmentwide crackdown.
March 28, 2017 - Brochez convicted of numerous fraud and drug offences, as well as lying about having HIV. Sentenced to 28 months jail.
April 2018 - Brochez released from prison and deported.
May 2018 - Health Ministry learns Brochez still has some HIV records.
September 2018 - Ler convicted of helping Brochez provide false information to the police and Health Ministry. Sentenced to 24 months jail, but files an appeal.
December 8, 2018 - Brochez arrested in Kentucky, US for trespassing on his mother's property. Later released on bail.
January 22 - Police inform the Health Ministry Brochez has leaked information from HIV registry online, matching records up to January 2013.
January 24-26 - Ministry works to take down information and begins notifying those affected.
January 28 - Permanent Secretary of Health Chan Heng Kee briefs media about the leak.
February 18 - Brochez due to appear before a district court in the US to face a third-degree criminal trespass charge.
March - Ler's appeal scheduled to be heard. Drug charges and those under Official Secrets Act still pending.
This article originally appeared on the South China Morning Post (SCMP).
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