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

Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
 
Links 22/12/2024: North Pole Moving and Debian's Joey Hess Goes Solar
Links for the day
This 'Article' About "Linux Malware" is a Fake Article, It's LLM Slop (Likely Spewed Out by Microsoft Chatbot)
They're drowning out the Web
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024