Bonum Certa Men Certa

EPOLeaks on Misleading the Bundestag -- Part 16: An Inimitable Duo

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. EPOLeaks on Misleading the Bundestag -- Part 7: Ms Voßhoff Alerts the Bundestag…
  8. EPOLeaks on Misleading the Bundestag -- Part 8: The EPO's Tweedledum, Raimund Lutz
  9. EPOLeaks on Misleading the Bundestag -- Part 9: A Veritable Virtuoso of Legal Sophistry
  10. EPOLeaks on Misleading the Bundestag -- Part 10: A Faithful Lapdog Despised and Reviled by EPO Staff
  11. EPOLeaks on Misleading the Bundestag — Appendix (Benoît Battistelli's Vichy Syndrome): Georges Henri Léon Battistelli and Charles Robert Battistelli
  12. EPOLeaks on Misleading the Bundestag -- Part 11: The BMJV's Tweedledee: Dr Christoph Ernst
  13. EPOLeaks on Misleading the Bundestag -- Part 12: A Worthy Successor to His Mentor?
  14. EPOLeaks on Misleading the Bundestag -- Part 13: The Failed Promise of a “Good Governance” Guru…
  15. EPOLeaks on Misleading the Bundestag -- Part 14: The Notorious Revolving Door
  16. EPOLeaks on Misleading the Bundestag -- Part 15: Different Strokes for Different Folks
  17. You are here ☞ An Inimitable Duo


BfDI Alice



Summary: How the efforts to reform the EPO's data protection framework were derailed by the actions of Lutz and Ernst

IN the last part we concluded our long and winding detour to examine the respective roles of Lutz and Ernst in EPO affairs over the last two decades.



Now it's time to return to the main focus of the present series, namely: how the efforts of the Federal Data Protection Commissioner to push for a reform of the EPO's data protection framework were derailed by the actions of this inimitable Tweedledum-Tweedledee duo.

"Dr Ernst proceeded to fire off a letter to the EPO's Directorate of Legal and International Affairs, headed by none other than former Federal Justice Ministry official, Raimund Lutz."As we saw in an earlier part of the series, the Federal Data Protection Commissioner, Ms Andrea Voßhoff, sent a letter to the Legal Affairs Committee of the Bundestag in July 2015 in which she expressed her concerns about deficiencies in the EPO's data protection framework, in particular the lack of independent supervisory oversight.

The Legal Affairs Committee of the Bundestag placed the matter on its agenda for a meeting scheduled to take place on 14 October 2015. At the same time the Federal Government was invited to provide a statement of its position to the Legal Affairs Committee.

In accordance with standard procedures the matter was passed on to the competent government department, namely the Federal Ministry for Justice and Consumer Protection (BMJV) which is responsible for all matters relating to the EPO.

And so it came to pass that the file landed on the desk of a "Ministerialdirigent" by the name of Dr Christoph Ernst.

Dr Ernst proceeded to fire off a letter to the EPO's Directorate of Legal and International Affairs, headed by none other than former Federal Justice Ministry official, Raimund Lutz.

In his letter to Lutz dated 20 July 2015 [PDF], Ernst noted that Ms Voßhoff had addressed the Legal Affairs Committee of the Bundestag and had reiterated the demand for the establishment of an external data protection supervisory authority over the European Patent Office, referring to "the case of computer surveillance by means of keyloggers and video cameras recently mentioned in the press".

Ernst then made a request for assistance from the EPO:

In preparation for the discussion in the Legal Committee [of the Bundestag], it would nevertheless be very helpful if the BMJV had a written statement from the European Patent Office at its disposal.

I would therefore ask you to comment on Ms Voßhoff's letter of 9 July 2015. In particular, I would ask you to explain to me once again in detail the data protection standards applicable at the EPO, the cooperation with the European Data Protection Supervisor and the events in connection with the computer monitoring mentioned above, and their legal assessment under the law applicable to the EPO.


It took some time for Lutz to get back to Ernst but on 2 October 2015 he sent the EPO's response to the BMJV. [PDF]

This response is full of the usual self-serving waffle and pious platitudes about how the EPO's data protection framework is "closely aligned" with EU data protection regulations, for example:

The EPO is proud of its long history of data protection. We are one of the first international organisations to have actively pursued data protection, having enacted the first data protection guidelines back in 1992. This policy was revised in 2014 and adapted to current standards of data protection. It is based on generally accepted European legislation, first and foremost Directive 95/46/EC and Regulation 2001/45/EC, which contain all the elements of modern data protection, from the basic principles of data protection to the rights of an individual vis-à-vis the data-processing institution.


When addressing the allegations of unlawful covert surveillance by Battistelli's "Investigative Unit", Lutz adopted a more defensive tone and declined to comment on the specifics:

As far as the specific case is concerned, I ask you to understand that the EPO cannot comment in this context on ongoing disciplinary proceedings of the Administrative Council, but I would like to point out that press articles based on an isolated letter do not provide a reliable basis for assessing our data protection.


The letter continues with further cant and humbug about the EPO's "conscientious" approach to data protection and the same old phony assurance that "its rules meet European data protection standards".

Lutz concludes by expressing his gratitude for the support given to the EPO by BMJV via "the letter from the State Secretary Ms Hubig to the Data Protection Commissioner of 7 November 2014".

As might be expected, the correspondence between the "Ministerialdirigent" Dr Ernst and EPO Vice-President Lutz is worded in an official and formal style.

However, it is apparent from the much more personal tone of the cover e-mail of 20 July 2015 [PDF] which Ernst sent to Lutz that these two gentlemen were on very familiar terms with each other.

The text of this e-mail reads as follows (in translation):

Dear Raimund

Here is an advance copy of the announced communication per e-mail.

Cordial greetings

Christoph


Here we can see that Ernst addresses Lutz by his given name rather than using the more formal "Sehr geehrter Hr Lutz". The e-mail concludes with "Herzliche Grüße" ("cordial greetings") rather than with the more impersonal salutation - "Mit freundlichen Grüßen" - which is found in the official correspondence.

With his letter of 2 October 2015, Lutz provided Ernst with the material that he needed to prepare his submission for the Legal Affairs Committee in a manner that would neutralise the impending threat of parliamentary "interference" in EPO affairs.

In the next part we will explain how Ernst used "copypasta" magic to ward off the evil spirit of the Federal Data Protection Commissioner who was threatening to encroach upon the inviolability of Battistelli's EPOnian fiefdom.

Recent Techrights' Posts

Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
 
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva
Hard to Replace 'Human Touch'
The reason many people insist on using GNU
Richard Stallman Gives Talk in 20 Hours at Ostschweizer Fachhochschule Campus in Rapperswil-Jona
The talk is in English
The Slop Companies Gamble at Our Economy's Expense and They Know It's a Losing Bet (So It's a de Facto Robbery)
The crash of this bubble isn't just inevitable, it's already happening and receding sporadically because of false announcements about money that does not actually exist (to "buy time")
Suppressing Speech by Blackmail, the Iran Story
When Debian wanted to stage a seemingly legitimate election it needed to have more than one candidate running; so eventually the female partner of a geek rose to the challenge (had no coding skills at all, no technical history in Debian) and lost to the "incumbent German"
Too Focused on Buzzwords the Media is Paid to Saturate the Collective Mind With
Just because companies do really bad things in the digital realm does not imply "AI" or follow from "AI"
Discrimination and Prejudice Against Female Journalists
we can shame people who attack a reporter on the grounds of gender
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part II - Trying to Put People in Prison for Committing the Act of Journalism
This is abuse of process
Attack on Copyright and Copyleft by Code Conversion Is Nothing New, It Predates Slop (Code Produced by LLMs) by Several Decades
Even back in the 90s many people converted programs from one language to another. That could invalidate copyleft (and copyright), which already existed
Almost a Slopless Weekend for "Linux"
Let's hope slop will come to an end or sites will cease linking to slop
Insiders Explain Why IBM is Dying and the Inherent Culture Problem
There are many ways to shave this IBM cat
Links 08/03/2026: Microsoft Lost $400 Million on "Project Blackbird" and Half the States Sue Over Illegal Tariffs
Links for the day
Links 08/03/2026: Cisco Holes Again and "Blatant Problem With OpenAI That Endangers Kids"
Links for the day
Activism/Journalism in Our Blood
one must fight for one's principles
Gemini Protocol in Its Prime
What's particularly neat about Gemini Protocol is that it's fast and cheap
Microsofters' SLAPP Censorship - Part 6 Out of 200: Intentionally Misnaming Women, People Who Offered to Testify That They Too Had Been Subjected to Similar Abuse
Today it is International Women's Day
Even Fedora Leadership Cannot Figure Out the Microsoft Kill Switch/Back Door, 'Secure' Boot
It does not actually enhance security
Bruce Perens: Richard Stallman "Has Achieved His Goal"
Stallman's next talk is tomorrow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 07, 2026
IRC logs for Saturday, March 07, 2026