Singapore, Mar 15 (PTI) A court in Singapore has found that a senior Indian executive breached his confidentiality obligations by downloading certain documents from his former employer's website to his personal MacBook and retaining the files after the termination of his employment.

Rajan Sunil Kumar, 38, was Hayate Partners' head of investor relations from December 9, 2019 to December 22, 2021. Hayate Partners is a Japanese company based in Singapore.

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Kumar was subsequently sued by his former employer.

The documents were downloaded around the time he resigned from the company, some of which he had deleted.

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Hayate's claim for damages will be assessed at a separate hearing, reported The Straits Times on Friday.

“That is akin to a thief deleting the video footage capturing his act of stealing, and then saying that no one can prove that he had stolen something,” The Straits Times quoted High Court judge Dedar Singh Gill as saying in a judgment released on March 14.

The only reason Hayate did not have such evidence was due to Rajan's intentional and deliberate acts of deleting the applications on his devices.

The files included documents relating to Hayate's investment strategies; personal identification information and bank account details of clients; meeting minutes and call logs; and personal identification information of the firm's key personnel.

After he was ordered by the court to hand over his electronic devices for forensic examination by Hayate's experts, Rajan wiped them clean. He then argued that his former employer had no evidence to show that he retained the downloaded documents beyond the termination of his employment.

During the course of his employment, the company did not provide him with regular payslips.

This increasingly became a bugbear as Rajan, who is from India, needed to submit his payslips to apply for Singapore citizenship. Justice Gill ordered the cache files that remain in the MacBook to be deleted under the supervision of Hayate or its forensic expert and lawyers.

But Justice Gill also found that Rajan did not breach confidentiality for other downloads that were made to his Dell work laptop, which was returned to the company upon the termination of his employment.

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