HSE seeks order to help find who uploaded or downloaded files stolen in cyberattack

The defendants, Chronicle Security Ireland Ltd, have said they want to help the HSE, but for data protection reasons cannot hand over material without a court order
HSE seeks order to help find who uploaded or downloaded files stolen in cyberattack

The stolen material included sensitive patient information including correspondence, minutes of meetings, and corporate documents which was downloaded 23 times before it was removed on May 25 last.

Over 20 people either uploaded or downloaded confidential information stolen in last month's cyberattack on the HSE onto a web service provided by a Google-owned internet security firm, the High Court has heard.

Mr Justice Tony O'Connor was told on Friday that late last month approximately 27 files stolen from the HSE were downloaded onto a malware analysis service 'VirusTotal' which is owned and run by Chronicle Security Ireland Ltd and its US-based parent Chronicle LLC.

The stolen material included sensitive patient information including correspondence, minutes of meetings, and corporate documents, the HSE claims.

It has since been deleted from the service provided by Chronicle, whose ultimate parent is the internet giant Google. However, the HSE says that the material was downloaded 23 times before it was removed on May 25 last.

The defendants have said in correspondence that they want to assist the HSE as much as they can, but for data protection reasons cannot hand over material unless a court orders them to do so.

As a result, the HSE seeks what is known as a 'Norwich Pharmacal' order against the two companies requiring them to provide information about those who uploaded or downloaded the material in question.

The Financial Times

In a sworn statement to the court, the HSE's National Director for Operation Performance and Integration Joe Ryan said last month it became aware of an article published by the Financial Times which referred to some stolen data, and a link used to access the stolen data online.

The HSE sought the return of the data referred to in the article and an explanation as to the location of the link referred to in the article.

Mr Ryan said the FT indicated it had obtained the stolen data from a confidential source which it refused to reveal.

Following the cyberattack, the HSE obtained a High Court order on May 20 last restraining any sharing, processing, selling or publishing of data stolen from its computer systems.

When the FT received a copy of the order the HSE had obtained on May 20, it handed over the information obtained from the source to the HSE's cyber security advisors, Mr Ryan said.

Mr Ryan said that following an analysis of the material received from the FT it was discovered that the stolen documents were uploaded on the defendants' 'Virustotal' which is a service designed to screen documents to ensure they are virus free.

After contacting the defendants, Mr Ryan said the stolen material was deleted from the 'Virustotal' platform.

He said that the HSE was also informed that before the material was removed a total of 23 subscribers to 'Virustotal' had downloaded the stolen data.

HSE's application

As part of its ongoing efforts against those behind the cyberattack the HSE sought information about those persons, as well as any information on the parties that had uploaded the material on the service.

However, the HSE was informed that arising out of data protection concerns the defendants require a court order in order to comply with the request to deliver up the information sought, Mr Ryan added.

Seeking the disclosure order John Newman SC, with Michael Binchy Bl for the HSE, said that the matter was urgent.

Counsel said at this stage it is hoped that the order sought by the HSE could be finalised when the matter next comes before the court.

Counsel said Chronicle's lawyers have said in correspondence that it is unlikely to oppose any order, in an agreed form, requiring it to disclose information sought by the HSE.

After considering Mr Newman's submissions, Mr Justice O'Connor, on an ex-pate basis, granted the HSE permission to serve short notice of the proceedings on the defendant companies.

The matter will come back before the court next Tuesday.

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