12.03.20

Gemini version available ♊︎

EPO Management Consciously Breaking European Union Laws: Staff and Stakeholders Subjected to Illegal Tactics and Practices, Now Exam Takers As Well

Posted in Europe, Patents at 1:37 pm by Dr. Roy Schestowitz

Orwell’s nightmare, now with diplomatic immunity and no oversight whatsoever

Mirrored objective

Summary: The EPO routinely breaks privacy laws, knowing that there’s not even an attempt to enforce the law against the EPO’s dictators; we’ve lost count of the instances/number of privacy scandals at the EPO, but we keep adding more to our list

Staff and stakeholders have their privacy rights violated, as we noted last month and again this morning. Under normal circumstances, Benoît Battistelli, António Campinos and their ilk would risk arrest for what they do at the EPO. But they have diplomatic immunity and half a decade ago we saw Battistelli getting away with very serious crimes, e.g. visitors subjected to illegal surveillance on EPO premises (it was all over the media at the time, back when the media actually bothered covering EPO scandals).

Wall of MirrorsThe Commission's whitewash of corruption at the EPO means that EU law won’t be enforced and rules won’t be honoured; just like that… more abuse, more immunity, more impunity…

Rose Hughes (AstraZeneca and EPO apologist) has just been advertising a sham exam (EQE) with extra surveillance now added to it. The corruption associated with EQE was covered here in a series earlier this year. Nobody was held accountable. Nobody.

Based on this post, the EPO adopts more spyware; basically malware. It’s as if COVID-19 makes ‘magic’ and renders the illegal “excusable” ever so magically. To quote: “The EPO has released the first detailed information for candidates on the arrangements for the online pre-EQE and EQE next year. Full details can be read here. The examinations are scheduled to take place the week of 1 March 2021. The online exams will be taken using the dramatically named “LockDown browser”, which candidates are being advised to log in to 20 minutes before the exam.”

“A lot of things like the “LockDown browser” are being imposed on students despite being in violation of human rights.”So the data is going to Microsoft’s next-door neighbours at Respondus, who are flirting with GDPR violations and looking for cleverly-worded excuses. A lot of things like the “LockDown browser” are being imposed on students despite being in violation of human rights. Lack of actual enforcement is a very serious problem. Laws without enforcement are toothless tigers.

We’d like to bring up an old document (2019) [PDF] in which staff representatives at the EPO named several GDPR violations. Here’s the full document for the PDF-hostile/averse folks.

EPO GDPR p1

EPO GDPR p2

EPO GDPR p3

EPO GDPR p4

EPO GDPR p5

EPO GDPR p6

Notice the part about the UPC: “In the near future the EPO might be entrusted by the EU to process patent application in the framework of the Unitary Patent. It is unlikely that member states and applicants would accept a situation in which the EPO would process personal data of EU citizens in the name of the European Union without respecting EU legislation for data protection.”

Here’s the corresponding and more concise message to EPO staff:

Data protection @ EPO, quo vadis?

Data protection guidelines at the EPO should be aligned to European regulations

[...]

New EU Data Protection Regulations

New regulations for data protection have been introduced by the EU in 2018, the General Data Protection Regulation[1] (GDPR). It safeguards EU citizen’s fundamental right to protection of their data and it is directly binding for all EU member states. However, it is not binding for the EPO.

EPO has its own data protection policies

The EPO follows its own data protection policies: the Data Protection Guidelines[2] (DPG). Staff representatives pointed numerous times to the gap between the DPG and the European regulations. Commenting on the GDPR, former VP5 Raimund Lutz stated that the EPO is very close to EU legislation, because the EPO always has applied the “highest level of data protection [...] including the nomination of an independent Data Protection Officer (DPO)”. Furthermore, a recent audit report (2017) has been cited which “has confirmed a close alignment with the GDPR legal framework.”[3]

Data protection and the Unitary Patent

In the near future the EPO might be entrusted by the EU to process patent application in the framework of the Unitary Patent. It is unlikely that member states and applicants would accept a situation in which the EPO would process personal data of EU citizens in the name of the European Union without respecting EU legislation for data protection.

EPO data protection guidelines do not meet EU standards

An independent and external legal analysis[4] in 2016 concluded that the DPG did not meet the standards of data protection laws in the EU at that time. The analysis further stated that there is a lack of independent oversight, of an effective system of checks and balances to prevent abuses, and of effective means of redress in circumstances where the rights of individuals are infringed.

Staff representation proposes to align EPO policies to EU policies

Staff representation finds that the introduction of the new European guidelines is an opportunity to re-open the discussion on data protection at the EPO: The data protection policies at the EPO can be improved in order to better protect the data of staff and applicants/users alike. The EPO used to have a long tradition to strive to comply with the highest standards in data protection[5]. The last reform in 2014 can only be seen as deterioration in this matter[6]. An alignment of its data protection guidelines to EU regulations would be a step towards a modern data protection framework and would contribute to establish the EPO as the leading patent office.

Staff representation suggests to:

The EPO policies on data protection should be aligned to the EU regulations, which present at the moment the most comprehensive and modern legislation in data protection matters.

The role of the Data Protection Officer, who is responsible for the implementation of the EPO data protection, should be enforced and its independence should be assured.

An external and independent oversight body should be appointed with the task to monitoring the application of data protection policies at the EPO.

Separate data protection policies should be defined for investigative procedures (e.g., misconduct or fraud). Its implementation should be the responsibility of a distinct Data Protection Officer nominated, e.g., by the Administrative Council.

Rules to safeguard data processing should be mended. For example, transfer of personal data to third countries and the change of purpose, e.g., using personal data for purposes for which the user has not consented to, should be tightly regulated.

[...]

[1] GDPR, link

[2] Guidelines for the protection of personal data in the European Patent Office, link

[3] VP5 announcement on Intranet, 25.05.2018, link

[4] See section 9 “Data protection framework”, Breaches of basic and fundamental rights at the EPO, Bretton Woods Law, Legal Opinion, 2016, link

[5] Data protection – Current situation in the EPO and in Europe, Gazette 15/95, 03.07.1995, page 8, link

[6] GAC/AV 4/2014, Opinion of the CSC about Data Protection Guidelines, link

It is hardly shocking that “EPO data protection guidelines do not meet EU standards” and to think they’re now subjecting people who merely take an exam to the same low (and non-complying) standards is the cherry on the cake. We await — whilst expectations are admittedly low — EU enforcement action/s. Maybe the German ministry of injustice can once again come up with a bunch of nonsense (lies) about why this is perfectly acceptable.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Romania's Patent Office (OSIM): Nine Different Chiefs in Just Eight Years

    The Romanian State Office for Inventions and Trademarks (OSIM), being the equivalent of the U.S. Patent and Trademark Office (USPTO) in the sense that it covers both patents and trademarks, is a very flaky institution with no shortage of scandals; for our English-reading audiences we now have a summary of a decade’s worth of blunders and leadership changes



  2. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League - Romania

    Romania’s patent office has been in flux this past decade, occasionally led by people with no relevant experience, but rather political connections (like EPO President António Campinos) and sometimes forged documents and fake degrees



  3. IRC Proceedings: Monday, October 25, 2021

    IRC logs for Monday, October 25, 2021



  4. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  5. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  6. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  7. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  8. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  9. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  10. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  11. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  12. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  13. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  14. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  15. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  16. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  17. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  18. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  19. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day



  20. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  21. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  22. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  23. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  24. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  25. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  26. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  27. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  28. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  29. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  30. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts