Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- Part VIII Addendum

Video download link



Summary: The letter or the press release issued half a year ago explains the severity of the scandal we've been dealing with in recent days and will likely deal with well into April

APPENDICES or addenda typically come at the end of a series, but this time we'd like to interject for a bit, especially when covering pertinent documents alluded to previously albeit not discussed in an in-depth fashion.



"The above text says nothing about security incidents, which may compromise data and render it accessible to virtually everybody in the world."This one merits further emphasis and an explanation of context/s.

The video above is an informal discussion about this press release [PDF] which is only half a year old. It was mentioned in Part VIII and its text is as follows (we also have an HTML version here):



711.424.1

Press Release

17 July 2020

After “Schrems II”: Europe needs digital independence



After the adequacy of the “EU-US Privacy Shield” was invalidated by a recent decision issued by the Court of Justice of the European Union (CJEU), the Berlin Commissioner for Data Protection and the Freedom of Information, Maja Smoltczyk, is now calling on data processors in Berlin to move any personal data stored in the USA to Europe.

In its decision of 16 July 2020 (“Schrems II”, C-311/18), the CJEU stated that the US authorities’ access to data belonging to European citizens is too extensive. As a result, personal data may generally no longer be transferred to the USA until the legal situation changes. There are some exceptions, especially in special cases stipulated by law, such as when booking a hotel room in the USA.

One of the findings noted in the CJEU decision concerns the government surveillance measures in the USA, which involve the mass collection of personal data with no clear limitations. This contradicts the Charter of Fundamental Rights of the European Union (Paragraph 180 et seq. of the Decision). The CJEU also indicates that European citizens are unable to request a judicial review of the surveillance measures carried out by the US authorities. This violates the European fundamental right to effective legal protection.

Personal data may only be transferred to third countries that ensure a level of data protection that is equivalent to the essence of the European fundamental rights. As the findings of the highest European court suggest that is not the case in the USA, the decision issued by the CJEU has invalidated the adequacy of the “EU-US Privacy Shield”, which was previously the basis for many personal data transfers to the USA. By contrast, the CJEU has ruled that “standard contractual clauses” are admissible under certain conditions; standard contractual clauses can be established between European companies and providers in third countries to ensure the European level of data protection abroad. Before the first data transfer, however, the CJEU emphasises that both European data exporters and third-country data importers are obliged to check whether the data could potentially be accessed by government authorities in the third country in a manner that goes beyond the access rights granted under European law (Paragraphs 134 et seq. & 142 of the Decision). If such rights of access are enjoyed by the government authorities, data may not even be exported on the basis of standard contractual clauses. Any data that has already been transferred to any such third countries must be retrieved. Contrary to the prevalent practice to date, data cannot be exported merely on the basis of standard contractual clauses (Paragraph 126 et seq. of the Decision).

Press Officer: Dalia Kues

Office: Cristina Vecchi

Email: presse@datenschutz-berlin.de

Friedrichstr. 219 D-10969 Berlin

Tel.: +49 301 388 9900 Fax: +49 302 155 050




The CJEU emphasises that the data protection supervisory authorities must prohibit unlawful data exports according to these new standards (Paragraphs 135 & 146 of the Decision), and that data subjects may claim damages for the unlawful exportation of personal data (Paragraph 143 of the Decision). This may especially include non-material damage (solatia); the amount of compensation must act as a deterrent in accordance with European law.

The Berlin Commissioner for Data Protection and the Freedom of Information calls on all controllers under her supervision to observe the CJEU’s decision. Controllers who transfer personal data to the USA, especially when using cloud-based services, are now required to switch immediately to service providers based in the European Union or a country that can ensure an adequate level of data protection.

Maja Smoltczyk: “The CJEU has made it refreshingly clear that data exports are not just financial decisions, as people’s fundamental rights must also be considered as a matter of priority. This ruling will put an end to the transfer of personal data to the USA for the sake of convenience or to cut costs. Now is the time for Europe to become digitally independent.

The CJEU has explicitly obliged the supervisory authorities to prohibit all unlawful data transfers, and we gladly accept the challenge. Of course, that not only applies to data transfers to the USA, which have already been outlawed by the CJEU; we must also check whether similar or perhaps even greater problems are involved in data transfers to other countries, such as China, Russia or India”.



The above text says nothing about security incidents, which may compromise data and render it accessible to virtually everybody in the world. It happened many times in the past. The very practice of outsourcing data -- no matter if within one's national jurisdiction or outside it -- is a bad idea. They just need to hire competent security professionals, employed in-house and regulated by rules and regulations of the employer, not only national laws.

In light of new revelations we expect this scandal and its coverage to last well into springtime. This is a very big deal, not just to the EPO and to Microsoft. More people are becoming involved now.

Recent Techrights' Posts

Microsoft Uses LLM Slop to Defraud (or Rob) Shareholders
Microsoft is basically defrauding its shareholders by LLM slop
The "Davos Effect": Tarnishing the Reputation of Places Not by Overtourism But by Oligarch Infestation
The last Venice needs is an affiliation with Venetian oligarchs
 
What Happens When Your Law Firm is Preoccupied With Harassing and Trying to Extort a Humble Couple in Manchester, Even on Behalf of Violent Microsoft Staff From Another Continent
It's good to see that law firms which operate in bad faith are perishing
Lawyer X, Law Firm X and Elon Musk's X: scandals linked by Old Xaverian
Reprinted with permission from Daniel Pocock
Gemini Links 01/07/2025: Distraction-Free Writing and Hytale Mismanagement
Links for the day
Links 01/07/2025: "Beauty of Blogging" and "Etiquette of Collapse"
Links for the day
The Web is a Dead End
We need to adopt alternatives
When Words Lose Their Intended Meaning
examples of words that, at least in the technical spheres, don't mean what they sound like
People Who Disagree With You on Technical Matters May or May Not Agree With You on Political Things (But Usually They Do)
What bothers me a great deal is seeing left-leaning people accusing other left-leaning people of being "nazis"
"Too Much Choice" and "Too Many Programming Languages"
What IBM and its apologists aim for was attempted in the 1930s and it failed
Microsoft Lost 400,000,000 Windows Users, According to Microsoft
more people adopt smaller computers and many people replace Windows with GNU/Linux, as they don't really need a new computer
Half a Year Gone, What's to Come Next
In the second half of 2025 we expect to be done with the Microsoft SLAPPs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 30, 2025
IRC logs for Monday, June 30, 2025
People at the Very Top of Microsoft Know How Bad Things Really Are
There's no product that can replace the former profitability of Windows licensing and stuff that went on top of Windows
Gemini Links 01/07/2025: Mid Year and a Tour of Old Languages
Links for the day
EPO Presentation Bemoans Misuse of Slop in Decision-Making on Patents and in Classification (Which is Likely Illegal Too)
We habitually mention failed use cases of LLMs on the Web
Mass Layoffs at Microsoft Confirmed, "XBox Hardware Is Dead"
It's possible that over 20% of the staff will be laid off
Links 30/06/2025: Kyrgyzstan vs Media Freedom, Dalai Lama Succession
Links for the day
Gemini Links 30/06/2025: Backend Programs in Gemini and Dynamic Content Without The Scripting
Links for the day
Links 30/06/2025: Zuckerberg’s Tax-Evading Scheme Harms Kids, US Copyright Office Lacks Leadership
Links for the day
Microsoft Isn't Laying Off Tens of Thousands to 'Invest' in Slop ('Hey Hi'), It's Laying Off Tens of Thousands Because It's Running Out of Money (and Willing Lenders)
the layoffs are a sign of the business failing, not "hey hi" (whatever that is) replacing staff
Intel Lays Off 20% of Its Workforce, Microsoft is Doing the Same This Year
Like a yoyo, whatever goes up will come back down
Microsoft XBox Layoffs: Almost 2,000 Layoffs Became "Over 2,000"? (Over 20% of the Staff)
over 20% of staff will be let go, not counting staff that leaves voluntarily
GNU/Linux Rises to New Highs in Angola, Africa in General is Abandoning Windows
Western media barely covers Microsoft layoffs in Africa, but in recent years Microsoft culled the workforce and even shut down entire operations
Summer Plans in Techrights and Elsewhere
massive layoffs at Microsoft
Destination Geminispace (in the Age of LLM Slop and Slop Images That Infest the Web and Social Control Media)
Geminispace isn't vast, but at least it is - on average - a lot "cleaner"
GNU/Linux Growing in Sierra Leone This Year
Based on what statCounter is seeing, this year there are more and more people there who adopt GNU/Linux
Serial Sloppers Gonna Slop
More sites out there ought to call out the cheaters
Quartz (qz.com) is Spam and a Slopfarm
It used to be OK. Then they fired the staff.
Links 30/06/2025: US Economic Woes, Extreme Heat
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 29, 2025
IRC logs for Sunday, June 29, 2025
Gemini Links 30/06/2025: "The AI Hype" and New AuraGem Ask
Links for the day
Our Desktops Are Not Your Experiments, X is Not an Experiment
Breaking what already worked
Microsoft's Big Lies Regarding This Week's Mass Layoffs Have Already Begun (and They're Already Being Spread by Slopfarms)
Microsoft is the "market leader" in slop
Explaining the Full Story of SLAPPs From Microsoft Staff
For every action there is a reaction, for every attack there will be proportionate consequences
The Openwashing Shills Initiative (OSI) - Part III: IRS and Status of OSI
"They lied to the US IRS and there’s a paper trail"
IBM Red Hat's Dogmatic Fanaticism Under a Thin Veil of "Modernism"
IBM now has the audacity to paint people who don't agree as "nazis"
Microsoft's Share in Guatemala Fell From 97% to 14%
Eventually Microsoft will get stuck in a loop of layoffs, layoffs, and more layoffs
They Made Technology Scary and Taught Us That It's Innocent, Friendly, Even "Social"
Rejection of all this "apps" and "gadgets" and "Smart" (whatever that means!) status quo isn't a rejection of society
The Media is Under Attacks Partly Because There's Little Other (Remaining) Press to Speak in Its Defence
The biggest danger here is that when there's very little press or no "opposition media" left it becomes even easier to crush critics because there aren't many people left to speak about the matter
If Your Web Site is Run by Bots, Eventually Nobody Will 'Read' It Except Bots (People Don't Want to Read Slop)
Eventually people learn from mistakes
Links 29/06/2025: Microsoft Releases False/Fake Benchmarks, "Google Wants You to Watch Ads or Take Surveys to Read Articles"
Links for the day
Links 29/06/2025: Data Breaches and Online Censorship
Links for the day
Gemini Links 29/06/2025: "The Price Of Eggs" and Gemini 3D Tic Tac Toe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 28, 2025
IRC logs for Saturday, June 28, 2025