Bonum Certa Men Certa

Breaking News: EDPS Admits That It is Powerless to Investigate Claims of GDPR Non-compliance at the EPO

Nothing says 'European data protection' like outsourcing communications to an American surveillance firm



Summary: Nobody is truly in charge at the EDPS (and in Europe at large); they say EPO is "company" and all one can do is kindly ask the EPO itself to obey the law and stop outsourcing European data to American military contractors

Back in March, Techrights started publishing its exposé about the EPO's sell-out of its digital sovereignty to Microsoft.



At around the same time this matter was brought to the attention of the European Data Protection Supervisor (EDPS).

"Its primary objective is to ensure that European institutions and bodies respect the right to privacy and data protection when they process personal data and develop new policies."The EDPS is an independent supervisory authority established by the European Union. Its primary objective is to ensure that European institutions and bodies respect the right to privacy and data protection when they process personal data and develop new policies.

You might have thought that the EDPS would be interested to learn about the alleged GDPR non-compliance at an intergovernmental institution which processes large amounts of personal data relating to EU citizens. You might even have expected them to carry out some kind of independent investigation like the Bavarian Data Protection Commissioner did back in 2015.

But sadly it turns out to be another case of "Not My Department".

"You might have thought that the EDPS would be interested to learn about the alleged GDPR non-compliance at an intergovernmental institution which processes large amounts of personal data relating to EU citizens."In its response to the complaint filed about the EPO, the EDPS has now stated that it is powerless to investigate claims of GDPR non-compliance at the second largest European intergovernmental institution.

Instead it suggests to the complainants that they "could contact EPO directly [...] by sending an email to DPO@epo.org".

The EDPS adds: "You can find this information in the company's Privacy Policy, available here: EPO - Data protection & privacy." (warning: epo.org link)

So as far as the EDPS is concerned, the EPO is a "company" rather than a public intergovernmental institution?

"So as far as the EDPS is concerned, the EPO is a "company" rather than a public intergovernmental institution?"Surely this is beyond a joke...

If EU citizens have a problem with the EPO's failure to comply with GDPR, the only available solution is to complain to the EPO?

And that is going to fix things?

Sounds like somebody in Brussels needs a reality check... URGENTLY!!!

Here's the text of the letter:

Our ref.: ⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆



From: European Data Protection Supervisor

To: ⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆

Date: Friday, April 16, 2021

Dear ⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆

We are writing in response to your complaint submitted to the European Data Protection Supervisor (EDPS) on 11 March 2021.

We would like to point out that the EDPS is the independent authority of the European Union (EU) that deals with the supervision of the processing of personal data done by EU institutions and bodies[1]. In this sense, our tasks are similar to the tasks of national data protection authorities in the EU Member States, but apply only at the level of the European Union and its institutions[2].

We have analysed the matter raised in your message, and it appears that your request does not relate to the processing of personal data by EU institutions or bodies.

The EDPS has no supervisory competence over other international organisations. In consequence, we regret to inform you that your complaint, regardless its possible merits, falls outside the jurisdiction of the EDPS and we therefore do not have any authority to investigate it.

Please be informed that the seat agreements that the international organisations have with their host states usually grant them certain privileges and immunities. These often exclude the application of national law to the international organisation and therefore, the national data protection authority (DPA) of its host state may not be able to assist you either.

However, please be advised that you could contact EPO directly regarding your complaint by sending an email to DPO@epo.org. You can find this information in the company's Privacy Policy, available here: EPO - Data protection & privacy.

Yours sincerely,




EDPS Secretariat

| Tel. (+32) 228 31900 | Fax +32(0)22831950 | › Email edps@edps.europa.eu European Data Protection Supervisor Postal address: Rue Wiertz 60, B-1047 Brussels Office address: Rue Montoyer 30, B-1000 Brussels @EU_EDPS www.edps.europa.eu

This email (and any attachment) may contain information that is internal or confidential. Unauthorised access, use or other processing is not permitted. If you are not the intended recipient please inform the sender by reply and then delete all copies. Emails are not secure as they can be intercepted, amended, and infected with viruses. The EDPS therefore cannot guarantee the security of correspondence by email.

[1] According to Regulation (EU) 2018/1725 (see https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32018R1725 '... the European Data Protection Supervisor, shall monitor the application of the provisions of this Regulation to all processing operations carried out by a Union institution or body...' (see Article 1(3)). According to Article 3(10), the ‘Union institutions and bodies’ are the Union institutions, bodies, offices and agencies set up by, or on the basis of, the TEU, the TFEU or the Euratom Treaty (see http://europa.eu/about-eu/institutions-bodies/index_en.htm for a full list).

2 For example, like national data protection authorities we also provide advice to the legislator on new legislative proposals and on initiatives having an impact on data protection and privacy.




Data Protection Notice

According to Articles 15 and 16 of Regulation (EU) 2018/1725 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, please be informed that your personal data will be processed by the EDPS, where proportionate and necessary, for the purpose of investigating your complaint. The legal basis for this processing operation is Article 57(1)(e) of Regulation (EU) 2018/1725. The data processed will have been submitted by you, or from other sources during the inquiry of your complaint, and this may include sensitive data. Your data will only be transferred to other EU institutions and bodies or to third parties when it is necessary to ensure the appropriate investigation or follow up of your complaint. Your data will be stored by the EDPS in electronic and paper files for up to ten years (five years for prima facie inadmissible complaints) after the case closure, unless legal proceedings require us to keep them for a longer period. You have the right to access your personal data held by the EDPS and to obtain the rectification thereof, if necessary. Any such request should be addressed to the EDPS at edps@edps.europa.eu. Your data might be transferred to other EU institutions and bodies or to any third parties only where necessary to ensure the appropriate handling of your request. You may also contact the data protection officer of the EDPS (EDPS-DPO@edps.europa.eu), if you have any remarks or complaints regarding the way we process your personal data. You can find the full version of our data protection notice on complaint handling at: https://edps.europa.eu/data-protection/our-role-supervisor/complaints-handling-data-protection-notice_en.

___________________________ [1] According to Regulation (EU) 2018/1725 (see https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32018R1725 '... the European Data Protection Supervisor, shall monitor the application of the provisions of this Regulation to all processing operations carried out by a Community institution or body...' (see Article 1(2)). According to paragraph 1 of the same article, the ‘Community institutions or bodies’ are the institutions and bodies set up by, or on the basis of, the Treaties establishing the European Communities (see http://europa.eu/about- eu/institutions-bodies/index_en.htm for a full list). [2] For example, like national data protection authorities we also provide advice to the legislator on new legislative proposals and on initiatives having an impact on data protection and privacy.


Notice the mistakes with the footnotes, the repetition, the odd formatting etc. A rushed job? Did they properly investigate the complaint at all? Or did they look for excuses to dismiss it upfront? Did they use a template that refers to the subject as "company" or do they seriously think EPO is now a for-profit corporation? And if so, are corporations above the law and above the state? Here's the original [PDF] FWIW.

Recent Techrights' Posts

"Over 1,100 Law Firms Gone in Five Years" in the United Kingdom (UK) Alone
There are basically way too many lawyers (looking for "business", e.g. threats and lawfare) and not enough positions to fill
Microsoft FUD From Microsoft Site Helps Distract From Actual Microsoft Back Doors
Published on a Sunday
IBM is Killing Red Hat's Portfolio - Including Linux - to Prop Up Ponzi Scheme ("AI")
IBM is killing Red Hat
Gemini Links 02/03/2026: Weird Phone Calls, Small Phones, and Exploring Racket
Links for the day
EPO "Cocaine Communication Manager" - Part V - Jobs at the EPO for Those Connected to Cocaine Addicts (Skills Not Required)
EPO management is trying to shoot the messenger
Teaser: The Next Series About the SRA, Which Would be Just as Effective as It Is Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
 
LLM Slop Does Not Know People (It Knows Nothing) and Cannot Distinguish Between People. It's a Recipe for Disaster.
no way of knowing who's who
Free Software Foundation Needs to Become More Active in Europe to Avoid Impersonation by Microsoft-Sponsored Groups
So far we've hardly seen the FSF saying anything at all about the US president
Links 02/03/2026: "Not Envious of Billionaires" and Palantir SLAPPs "Swiss Magazine For Accurately Reporting That The Swiss Government Didn't Want Palantir"
Links for the day
There Has Never Been a Better Time to Quit Social Control Media
Those networks are selling something. And that something is not peace because peace does not sell "attention".
Microsoft Users Drowning in Slop, If They Complain Microsoft Censors Them
Like an authoritarian regime
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 01, 2026
IRC logs for Sunday, March 01, 2026
Speed of Sites Matters
Being easily accessible all the time matters to us
Dr. Andy Farnell on "Good Tech"
in the age of "rent everything" and "own nothing"
Gemini Links 01/03/2026: Simpler Software and Announcing OFFLFIRSOCH (OFFLine-FIRst SOftware CHallenge) 2026
Links for the day
Booz Allen Hamilton, the Former Employer of Edward Snowden (NSA Contractor), is Drowning in Debt
Can Supreme Leader Cheeto bail it out like he does slop companies?
On the Concept of "Protected Class" (or Race) at IBM
It's self-harming as in practice it imperils the company and harms the reputation/brand
The Mass Layoffs at Microsoft That Nobody in the "News Industry" Wants to Talk About (and TheLayoff.com Censored, Then It Censored the Evidence of the Censorship)
They basically cover up how they censored the news about Microsoft layoffs
Richard Stallman to Give at Least Three Talks in Switzerland, Starting This Week
No mention (yet) of the Bern talk
On Who 'Speaks for' Techrights
typically a case of misrepresenting the site
'FSFE' an Imposter in Europe, Paid by GAFAM to Represent GAFAM Interests
The Microsoft-sponsored 'FSFE', which violates the terms of use of its name, is causing confusion [...] formally-recognised institutions got tricked into thinking that the Microsoft-sponsored 'FSFE' is the FSF
Lots of Lies From the Slop Industry
The slop industry relies on fake news to give a notion or fake demand
Links 01/03/2026: American Plutocrats Buy American Media While American Constitution Shredded
Links for the day
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part I - Introduction
The SRA is a sham. Many people know this already, but we want to document our own experiences with it.
Live Simply, Live Better
Life isn't about "collecting" possessions; it's about doing things that matter and accumulating knowledge so as to make better choices
Now That XBox is Pretty Much Dead and There Are Mass Layoffs at Microsoft
This means our predictions about Microsoft (and XBox) are "falling into place"
Gemini Links 01/03/2026: "In the Spirit of OFFLFIRSOCH" and "Delete Patreon"
Links for the day
ACM Lowers Its Standards for Age of Autocracy
IBM is more than happy to work with autocracies
The term FUD (fear, uncertainty, doubt) was created to describe IBM's tactics and IBM is doing it again
Rob Thomas or "RT"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 28, 2026
IRC logs for Saturday, February 28, 2026
Slop is Distraction
LibreWolf will never include any of this slop nonsense, no matter if toggled on or off
Cult inquiry: Parliament of Victoria, last chance to have your say
Reprinted with permission from Daniel Pocock
Internet Relay Chat (IRC) Turns 37.5
Can IRC reach age 75?
Gemini Links 28/02/2026: Loadbars 0.13.0, IME (Input Method Editor), and ColorColumn in Vim
Links for the day
Two EPO Strikes in March (Maybe More)
As per the SUEPO diary [...] We still have an ongoing series about the EPO, with several more series to start later
Why We Are Concerned About the SRA's Failure and What That Means to the Profession of Lawyers in the UK
Unregulated industries will lose their credibility as there is a threat of growing perception that they operate outside the law rather than practice law
Over 10,000 Pages/Articles Per Year?
Probably my most productive month, ever
Keeping Techrights Online 99.99% of the Time
Some time later this year we'll tell a very long story about how extremists attacked our webhosts
Richard Stallman, Founder of the Free Software Movement, Will be Giving Public Talk in Bern (Switzerland) in Less Than 12 Days
We are still doing a series about him and his talks
Still Lots of IBM Departures
It's not that we lack evidence of IBM layoffs. It's just that we have ample evidence of the press not doing its job (or barely existing anymore).
The Register MS Standards: Promote a Ponzi Scheme in Exchange of Money
Once upon a time it was a serious publisher. Months ago it was taken over by a Microsoft person.
Slopfarms' Demise Looks Like the Beginning of the End (Lowered Demand for Slop)
Slop about "Linux" has gotten hard to find this past week
Dr. Andy Farnell: Time to Pull the Plug?
insightful, as usual
Links 28/02/2026: "Tehran’s Two-Tiered Internet", "Internet Under Fire"
Links for the day
When an Entire News Site is About One Topic (and One Topic Only)
Tomorrow we start a new series for the new month
Links 28/02/2026: Bill Epsteingate Admits Sex With Young Girls, "Epstein Files Are the Horror That Keeps on Giving"
Links for the day
IBM: Where Companies Come to Perish
thelayoff.com is censoring stories
Tech Layoffs Are Not Because of Slop, They're an Effect of a Rotting Economy and Tech Giants Being Too Deep in Debt
Block is rapidly sinking in debt
The Slopfarms' Business Case (or Business Model) Never Existed and Nowadays, in 2026, They've Mostly Collapsed
Hopefully by year's end many slop suppliers will be offline and slopfarms that rely on them throw in the towel
March in London Today Against Slop's Harms to Society (and the Environment), Starting at 12:00 GMT at the Microsoft OpenAI Office
Today there is a protest in London (UK)
Microsoft Mass Layoffs Have Officially Resumed, Microsoft's Waggener Edstrom/Frank Shaw Lied
"The former employees say this was a mass layoff"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 27, 2026
IRC logs for Friday, February 27, 2026