Bonum Certa Men Certa

EPOLeaks on Misleading the Bundestag -- Part 7: Ms Voßhoff Alerts the Bundestag…

Series index:

  1. The EPO Bundestagate -- Part 1: How the Bundestag Was (and Continues to be) Misled About EPO Affairs
  2. The EPO Bundestagate -- Part 2: Lack of Parliamentary Oversight, Many Questions and Few Answers…
  3. The EPO Bundestagate -- Part 3: A “Minor Interpellation” in the German Bundestag
  4. The EPO Bundestagate -- Part 4: Parroting the GDPR-Compliance Myth
  5. The EPO Bundestagate -- Part 5: The Federal Eagle's Disconcerting Metamorphosis
  6. EPOLeaks on Misleading the Bundestag -- Part 6: Dr Petri Starts the Ball Rolling…
  7. You are here ☞ Ms Voßhoff Alerts the Bundestag…


Federal Data Protection Commissioner



Summary: In July 2015, the Federal Data Protection Commissioner notified the Bundestag of her concerns

As is well known, the EPO made headlines in Germany in June 2015 following revelations about covert surveillance conducted by the Benoît Battistelli's notorious "Investigative Unit" which was reported to have deployed hidden cameras and key loggers in a manner that would have been illegal under EU and national data protection law in Germany.



Media reports about the EPO spy-scandal persuaded Ms Voßhoff to dust off the EPO file and renew her efforts to have this rogue organisation called to account by the Federal German authorities.

"Media reports about the EPO spy-scandal persuaded Ms Voßhoff to dust off the EPO file and renew her efforts to have this rogue organisation called to account by the Federal German authorities."In July 2015, Ms Voßhoff proceeded to write to Ms Renate Kunast, the Chairperson of the Legal Affairs Committee of the German Federal Parliament (the "Bundestag") to bring her concerns to the attention of German parliamentarians.

The text of Ms Voßhoff's letter [PDF] reads as follows (in translation):

I was made aware of the issue of the lack of independent external data protection supervision of the European Patent Office (EPO) by the Bavarian State Commissioner for Data Protection.

My efforts to improve data protection supervision at the EPO have so far been have so far been unsuccessful.

I would therefore like to draw the attention of the German Bundestag to the problem.

The European Patent Office is an organ of the European Patent Organisation (EPO) established by the European Patent Convention (EPC) and endowed with legal personality. It is therefore a supranational institution based on an international treaty with its headquarters in Munich and offices in The Hague, Berlin, Vienna and Brussels. Vienna and Brussels with about 6,800 employees. The contracting states are 38 European countries, including all EU member states.

The legal nature of the EPO means that there is no data protection supervision by an independent external body. Neither the Bavarian State Commissioner for Data Protection nor I can derive any competence from state or federal data protection law. The EPO is neither a public body of the State of Bavaria nor of the Federal Republic of Germany. The European Data Protection Supervisor is also ruled out as an independent supervisory body, as the EPO is neither an institution nor a body of the European Union.

Even if, according to the EPO's internal data protection officer, internal data protection regulations have been in place at the EPO since 1992, in particular based on the Data Protection Directive 95/46 EC, a lack of independent external data protection supervision is also taken as given from the EPO perspective.

In the interest of safeguarding the data protection rights of those affected, I have contacted the responsible Federal Ministry of Justice and Consumer Protection (BMJV) with the request to examine measures to close this supervisory and oversight gap, for example by means of a corresponding amendment to the EPC.

The BMJV has not yet taken up this suggestion. It refers to the necessity of a diplomatic conference of all 38 contracting states of the EPC for such an institutional reform of the EPC. This time-consuming procedure would not permit an amendment in the short term.

However, the Federal Ministry of Justice gives an assurance that it will continue to advocate, within the scope of its possibilities, compliance with and further development of high data protection standards and an independent data protection structure in its committee work within the EPO.

Although I have some understanding for the BMJV's position, the permanent absence of an independent external supervisory authority for data protection matters nevertheless poses a risk - that should not be underestimated - to the fundamental right to informational self-determination of the persons concerned given the processing of a large amount of personal data of applicants and staff at the EPO.

This risk is rendered apparent by a case that has now received press coverage. In an article dated 8 June 2015 (see attachment), the Süddeutsche Zeitung reported allegations that two publicly accessible computers at the EPO were placed under surveillance with so-called keyloggers and video cameras without the persons concerned being informed. Due to the current legal situation, no independent data protection supervisory authority can investigate these allegations.

Moreover, those potentially affected, in particular members of the Administrative Council, patent attorneys, employees and visitors to the EPO, lack any possibility of turning to an independent body capable of enforcing their rights to informational self-determination.

In view of the prevailing factual and legal situation, I would be grateful if the Legal Affairs Committee would address the issue in a supportive manner.



The Legal Affairs Committee of the Bundestag reacted to Ms Voßhoff's letter by placing the matter on its agenda for a meeting scheduled to take place in October 2015 [PDF].

It seemed that the Legal Affairs Committee was gearing up to investigate the worrying "supervisory and oversight gap" identified by Ms Voßhoff.

"As far as can be determined from the available evidence, the authors of this intrigue were the duplicitous Tweedledum and Tweedledee duo of the EPO‑Federal Justice Ministry nexus, Raimund Lutz and Christoph Ernst."However, as we shall see in due course, Ms Voßhoff's efforts to have the deficiencies in the EPO's data protection framework subjected to meaningful parliamentary scrutiny were derailed by what appears to have been a nefarious behind-the-scenes intrigue.

As far as can be determined from the available evidence, the authors of this intrigue were the duplicitous Tweedledum and Tweedledee duo of the EPO‑Federal Justice Ministry nexus, Raimund Lutz and Christoph Ernst.

Before delving into the details of the intrigue which derailed Ms Voßhoff's initiative, we will make a detour to look more closely at these two individuals and their respective roles in EPO affairs over the last two decades.

Recent Techrights' Posts

Links 03/02/2026: "Distraction is a Sin" and Fake "Encryption" (Surveillance With Good Marketing)
Links for the day
 
Dr. Andy Farnell on Why and How European Authorities Can Adopt Free Software, Parenting in the Age of Digital Abundance
Will Europe use technology that Europe controls (not the hegemon), for a change?
Canonical: Ubuntu is GAFAM (US), We're Resellers of American Proprietary Software
They want people to pay for a licence
Seems Like IBM Trolls Use Chatbots to Vandalise Platform That Discusses IBM's Secret Layoffs, Forever Layoffs
Not for the first time either
You Know Your Company is Dead or Basically a Pyramid Scheme When Jim Cramer Keeps Promoting Its Stock
How much does IBM pay for "puff pieces" or "fluff" about QC?
Red Hat (Under IBM) Works for Microsoft (Proprietary Software) and Slop
Yesterday Red Hat's official site, redhat.com, published exactly 5 new blog posts
IBM is Dying (More Layoffs), Red Hat Will Continue to Suffer From the Acquisition
Financial engineering
Colombia Adopting GNU/Linux Even Faster (at Microsoft's and Apple's Expense)
Do politics play any role in this?
An Effort to Tackle Slavery in 'Open Source' Clothing
"a civil rights lawsuit to examine the concerns of censored developers in the free, open source software ecosystem"
$15 billion lawsuit: Ubuntu, Google & Debian crowdfunding campaign launch
Reprinted with permission from Daniel Pocock
The Solicitors Regulation Authority (SRA) Delusion - Part II - Why We Need to Expose the SRA to More Daylight, Public Scrutiny
SRA is neither effective nor regulated
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Corporate Influence Never Impacted Us
There's no reason to assume we'll ever "sell out"
Growth of GNU/Linux in Cuba
Right now a lot of the world drafts or already implements a GAFAM exit plan
A Day After EPO Strikes an Escalation to Heads of Delegations to the Administrative Council
They rely on the European media playing along, helping them to hide major blunders, even crimes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 02, 2026
IRC logs for Monday, February 02, 2026
Gemini Links 03/02/2026: Stargazing, Development Boards, and Tcl/Tk Slop
Links for the day
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back