Bonum Certa Men Certa

Specialists in Public International Law Bemoan Privacy Violations at the European Patent Office



Bretton Woods Law



Summary: Some privacy takeaways from the analysis of Bretton Woods Law (commissioned by EPO staff) and more examples of serious privacy violations inside the European Patent Office

PRIVACY is significantly eroded by authoritarian regimes for the purpose of crushing dissent and the European Patent Office (EPO) is no exception. Eponia is highly authoritarian and it even hired autocrats like Željko Topić for top positions. A lot of the illegal surveillance inside the EPO began or culminated around the time people were chatting about criminal charges against him (for sure a story worth telling one day).



A letter was sent to Heiko Maas, Federal Minister of Justice and Consumer Protection in Germany, just over a couple of months ago. "A SUEPO lawyer addressed Heiko Maas and informed him of the latest reforms and developments at the EPO," explained an insider. Suffice to say, Maas has done virtually nothing (he has a reputation for this in Germany), but let's assess the privacy violations based on another legal office. A few days ago we saw the following new comment in IP Kat:

The EU data protection Regulation does not apply everywhere in Europe. For example, the European Patent Organisation (EPO) has its own data protection Regulation.

The document “BREACHES OF BASIC AND FUNDAMENTAL RIGHTS AT THE EPO” by Bretton Woods Law (Specialists in Public International Law) explains (from page 17 to 23) why the EPO data protection regulation fails to meet the standards of both EU data protection law and the national data protection laws of the Contracting States.

https://www.suepo.org/documents/43577/55400.pdf

Summary of deficiencies in the current EPO data protection framework:

- Fundamental rights: The reference to the respect of fundamental rights had been removed from the EPO data protection regulation (page 18).

- Lack of independent oversight: At the EPO there is no independent supervisory authority. The EPO president supervises himself the data processing he has implemented. (page 21)

- Change of purpose: The EPO data protection regulation allows the EPO President unilaterally to decide that data may be processed for purposes other than those for which they have been collected.(page 21)

- Transmission to recipients outside the European Patent Organisation: The EPO President may authorise a transfer or a set of transfers of personal data to a third country or international organisation which does not ensure an adequate level of protection.(page 21)

- Lack of any effective means of redress in circumstances where the rights of data subjects are infringed (see pages 22 and 23 - the intervention by the German data protection authorities).

Conclusion: A wide range of personal data from both patent applicants and EPO staff are processed at the EPO. The situation at the EPO falls far below the standards expected and the rights enjoyed by citizens in the rest of Europe.



The above reminded us of what the EPO does with Europatis -- a scandal which we covered here last year in the following articles:

  1. Jacques Michel (Former EPO VP1), Benoît Battistelli's EPO, and the Leak of Internal Staff Data to Michel's Private Venture
  2. Europatis: “Turnover of €211,800 and Zero Employees”
  3. Loose Data 'Protection' and Likely Privacy Infringements at the EPO: Here's Who Gets Employees' Internal Data
  4. Summary of the EPO-Europatis Series
  5. Revolving Doors of High-Level EPO Management: Jacques Michel and the Questel Deal With the EPO


Privacy violations are so serious inside the EPO that detailed accounts of mock trials or investigations are being 'leaked' by EPO management to the media, in order to essentially defame the accused (a judge in one case). One of the reasons for strong data protection around one's medical record is the potential for blackmail and discrimination. In light of this we're reminded of a document we saw several months ago (it's a letter to Mr. Topić actually). It spoke about the unacceptable state of medical data protection at the EPO (it would be totally unthinkable at the USPTO). Here is the complete text

European Patent Office | 80298 MUNICH | GERMANY

Mr Željko Topic Vice President DG4

R. 707

European Patent Office 80298 Munich Germany Central Staff Committee Comité central du personnel Zentraler Personalausschuss Tel. +49 -89- 2399 - 4355 +43 -1-52126 - 305 +49 -30-25901 - 800 +31 -70-340 - 2028 centralSTCOM@epo.org Reference: sc16075cl –0.3.1/4.3 Date: 14.04.2016

Nomination of Ms R. de Greiff as Director Health and Safety

Dear Mr Topic,

On 24 March 2016 you announced on the Intranet the appointment of Ms Raffaella de Greiff as new Director Health and Safety with effect from 1 April 2016, this after serving as ad interim Director of one of the two EPO medical departments since Dr Koopman retired almost two years ago.

Ms de Greiff has a degree in “industrial relations” but no medical qualification. A non-medical person can manage a medical unit, but normally only subject to certain strict requirements:

● medical confidentiality is respected; ● non-medically qualified managers do not have access to any medical information; ● medical files and H&S staff when handling such files remain under the direct supervision of medical doctors; ● medical doctors remain free to carry out their medical duties without interference from managers in medical issues.

So far, the Office has not introduced any such formal guarantees and safeguards.

We refer in particular to the Gazette of January 2016, page 20, which includes a diagram showing that the units that administer such medical files (“Medical advisory and general administration” and “Occupational health and safety”) are under the direct authority of the Health & Safety Director and not of the medical doctors (medical advisor or OH physician), who instead appear to enjoy a consultancy role. The whole Health & Safety department led by Ms de Greiff is in turn under the authority of Ms Bergot (PD Human Resources). This new structure is problematic in several respects.




Firstly, Ms de Greiff is neither bound to nor protected by the Hippocratic Oath. If Ms Bergot, as her superior, demanded access to information from the medical file of a staff member (be it a MAU or an OH file), then Ms de Greiff would not have the authority to refuse such an order; neither would she be able to intervene if PD43 were to obtain medical information by other means.

In other words, the strict confidentiality of staff medical files kept in the EPO can no longer be guaranteed.

Secondly, medical doctors are responsible for ensuring the confidentiality of any and all medical data in their possession. If it cannot be guaranteed that non-medical personnel will not have access to medical information, then medical ethics oblige the doctors not to enter or amend any staff data, collected either by themselves or by external doctors working for the EPO, in the EPO medical databases. If they did nonetheless, they would risk losing their medical license.

Under such circumstances, it is unclear how the EPO medical department is supposed to function properly.

Thirdly, we have already raised a number of questions concerning the MAU which to date have never been answered. With the new structure, similar concerns now also apply to the former Occupational Health Department.

We respectfully request you to acknowledge receipt of the above observations and take a position on them.

Yours sincerely, The Central Staff Committee cc.: Mr B. Battistelli; President of the EPO Ms Dr Bosch and Mr Dr Schüder Ms R. de Greiff Ms E. Bergot


This medical data protection letter, contained in the original PDF, has the signatures of many staff representatives, not just SUEPO representatives. This is an important letter regarding a serious problem which is widely known about (word of mouth and more). When will the EPO realise that this is totally unacceptable in the 21st century? In this particular case the abuse of privacy of staff cannot even be excused/justified using a war on unions/dissent/whistleblowers. It's just an authoritarian regime's dream.

Recent Techrights' Posts

Those of Us Who Grew Up Playing Doom Must Remember What Microsoft Did to Its Creator
Doomed by Microsoft
At The Register MS, Fake 'Articles' Sponsored by WIntel (Windows+Intel)
We've meanwhile noticed that there's new sponsored spam in at The Register MS and it might be slop
In Addition to National Delegates, Contact the French or Portuguese Governments (Politicians) Regarding António Campinos
Someone needs to step into the EPO and open up all the closets
EPO People Power - Part IV - Sexism, Chauvinism, and Lines of Cocaine at Europe's Second-Largest Institution
Recently, one reader told us about Berenguer, who made the "mistake" of using cocaine in the open market
 
EPO People Power - Part V - The European Media is Practically Dead When It Comes to Covering European Patent Office (EPO) Corruption
That sort of sums up where European media/press stands
Datacentre and Server Maintenance Next Week
The last time we rebooted into the latest stable kernel was 96 days ago
Afraid of Words, Not Afraid of Actions
Those corporations want us to bicker over words, not their actions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 11, 2025
IRC logs for Thursday, December 11, 2025
IBM Workers Still Blast IBM Management for Firing Loads of Workers While Overpaying to Buy Useless Companies
IBM's CEO is killing the cow
LLM Slop About Linux Still Seems Scarce
LLMs aren't dead, but metrics published online say that their usage is fast declining
Links 12/12/2025: Oracle Shares Collapse After Slop Bubble Inflated (Circular Funding/Financing One's Own 'Clients'), "Trials by Jury" in UK Considered
Links for the day
Gemini Links 12/12/2025: 'Kinetic Energy' and Browsing Geminispace With a GUI, TUI, or CLI Client
Links for the day
Links 11/12/2025: Escalations Around Japan, Software Patents Found Invalid
Links for the day
Killing the IBM Cash Cow, Raising Massive Debt Instead
In a healthy company, the CEO and CFO would get sacked on the spot for doing so. But IBM is not a healthy company, it's just a sick cow being milked to death.
Links 11/12/2025: Dangerous Flukes by Slop and Bottled Water as 'Placebos'
Links for the day
Gemini Links 11/12/2025: Repairs, Wisdom of the Crowds, and AC Explorations
Links for the day
We Need Your EPO Insider Stories
To date, the EPO and any other company/institution hasn't managed to remove even a single public page that we published
Yes, IBM is Also Laying Off Indians (Even in India)
that goes against the popular/hot narrative of "jobs moving to India"
Microsoft-Sponsored Wikipedia Spam About "AI", Added by Microsoft Operatives
When it comes to Wikipedia, follow the money (sponsors)
Keep on Pushing, EPO Management is in a State of Panic This Week
Contact your representatives today
If You Want Freedom, Follow Richard M. Stallman (RMS)
To be clear, I like Linux, I like its founder
EPO People Power - Part III - Challenging Corruption
The media - as in the national press - isn't interested in writing about it
The Flawed Notion of Criticising for Criticism's Sake
People who are highly critical of things are not "toxic"
A Lot More Than Techrights
you probably also want to follow the RSS feed of the sister site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 10, 2025
IRC logs for Wednesday, December 10, 2025
The Web Has Become Extremely Rude
If you cannot behave, go offline
Slopfarms Parrot Any Number That GAFAM Throws at Them, Even Totally Fictional Figures That Merit Fact-Checking
fake from Microsoft
Microsoft Lunduke Tailors His 'Content' for 4Chan
The latest from Lunduke "Journal"
Richard Stallman Was Also Right About Microsoft GitHub (It's Becoming a Botfarm)
trashing the platform
Democracy and Buzzwords
and hype
Five Years in Gemini Protocol
One might say we escaped to Geminispace 2 years before the deluge of slop on the Web
Keeping Up the Pressure on EPO Management
We want to thank our European readers who contacted their representatives
Like Clickfraud Spamnil (Swapnil Bhartiya) But for Hate Mongering: What Twitter Has Become
If you still waste time in Social Control Media, consider changing course
For New PCs and for Old (or Retro) PCs the Increased Cost of System Memory Benefits GNU/Linux and BSDs
GNU/Linux does not have this problem or barely has this problem
Gemini Links 10/12/2025: "Thousand Mile Journey" and The Art Of Chilling
Links for the day
Moving Away From Content Management Systems (CMSs) and Flocking to Static Site Generators (SSGs)
The SSG 'hype' is not based on marketing but a simple reality
IBM is Laying Off Workers in India (While Spending a Fortune Buying a Company for Buzzwords, a Box-Ticking Exercise)
So what is the overall strategy?
EPO People Power - Part II - Talking About Corruption
European media must "grow a pair" and start writing about EPO corruption
Just a Little Slop About "Linux"
Slop about Linux isn't that common anymore
Links 10/12/2025: McDonald’s Latest Slop Gaffe (After Dumping IBM's Slop) and "Scam Altman’s Panic Sweats"
Links for the day
Circular Funding
Passing around capital that does not exist (for PR's sake, but there are ramifications)
Links 10/12/2025: Ransomware (Windows TCO) Has Crippled Economies, Slop (Fake) "Videos Have Flooded Social (Control) Media"
Links for the day
Y Combinator (YC) Funds Scams, Run by Scammers
Including Scam Altman
EPO People Power - Part I - Identifying Corruption
The EPO, at this stage, is a boat full of holes
IBM Has Become a "Plantation"
IBM is basically being destroyed for some cash at this point
It's Not Too Late to Send an E-mail to Your European Representative Regarding European Patent Office Abuses
If you live in Europe and have not done so already, please contact your national delegates, whose job is (at least on paper) to represent you
Almost a Thousand EPO Workers Have Voted for Industrial Action
Mandate given to SUEPO for action plan to stop the salary erosion of EPO staff
Why So Many Software Projects Are Quitting Microsoft and GitHub
Be more like LibreWolf. Move away from Microsoft and GitHub.
Many of the Attacks on Us Apparently Boil Down to Jealousy
Envy is a negative trait that leads people to self harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 09, 2025
IRC logs for Tuesday, December 09, 2025
Valuing One's Work by the Effort or Budget Taken to Undermine It
As long as what we publish is factual, nothing prevents its publication
IBM Says It Buys Another Company for "AI", So Why Does IBM Fire Its Own "AI" Experts?
As people rightly point out, this has nothing to do with "AI"
The Boundaries of Criticism
The harder the EPO will push back, the better the job we must have done
New EPO Series: Mafia Culture, Mobbing, Nepotism, and Illegal Drugs
The series shall start later today
Richard Stallman Was Right About "AI"
"Considering Stallman worked in the MIT AI lab in the era of symbolic AI, and has written GCC (an optimizing compiler is a kind of symbolic reasoner imo), I think he has a deeper understanding of the question than most famous people in tech."
With 3 Weeks Left (Sans Extensions) the Free Software Foundation (FSF) Has Already Raised About Half of the Money Set as Fund-Raising Goal
“Idiots can be defeated but they never admit it.” — Richard Stallman
Gemini Links 10/12/2025: Cranberry Juice and Gramophones
Links for the day