Bonum Certa Men Certa

Inside the EPO During Corona: The EPO is Violating Workers'/Stakeholders' Privacy and Breaking Data Protection Law (Again)

Organised crime with a boardroom table is still a crime. Why does the EPO enjoy immunity and why does it exercise/conduct illegal behaviour with complete impunity?

Meeting Room



Summary: There's no respect for the law or for the dignity/privacy of EPO staff; whenever the subject is being brought up there's nothing but stonewalling and the Data Protection Officer is a friend of the offender, who would be reluctant to oversee anything

WE HAVE already covered countless privacy abuses at the EPO (more than we can recall and enumerate, but the wiki has a whole category/colour scheme for illegal surveillance at the EPO). Nobody was ever prosecuted for any of these abuses. Benoît Battistelli, had he enjoyed no diplomatic immunity, would even face a prison sentence for some of these abuses, which were severe at times. António Campinos is repeatedly being reminded by staff that some of the practices adopted during lockdown are downright and outright illegal; he consequently appointed as a data 'something' officer an old friend or colleague of his (also indebted for getting that high-paying job), so it's obviously just face-saving cover-up, not a genuine effort at respecting privacy laws.



"Later they wonder why people get angry and vote to leave the EU..."This is so typical at the EPO. They commit crimes, then they appoint friends of theirs to look the other way or to somehow justify that. The longer it goes on for, the worse it'll get. They have the equivalent of crime/accountability 'debt'; they're amassing endless abuses and they even bribe large publishers to not write about those things. Later they wonder why people get angry and vote to leave the EU...

Grant Philpott E-mail regarding MicrosoftA couple of months ago the Central Staff Committee wrote: "Trust and openness in the exchanges among the members of the Divisions are essential for the good quality of the work in examination and opposition proceedings. Sometimes, individual team managers or directors misuse information that examiners exchange confidentially during their deliberations, e.g. for reporting purposes. In this open letter to the President, we suggest that the Office should take all necessary steps to ensure that the software is configured In such a way that only the members of the Divisions have access to the written information they exchange during their deliberations. We also have doubts whether the software complies with our EPO data protection guidelines."

Here's that letter in full:

Reference: sc20141cl-0.3.1/1.2.2 Date: 25.09.2020

European Patent Office | 80298 MUNICH | GERMANY

Mr António Campinos President of the EPO

ISAR - R.1081

OPEN LETTER

Patent Workbench: confidentiality of deliberations

Dear Mr President,

Trust and openness in the exchanges among the members of the Examination and Opposition Divisions are essential for the good quality of the processing of patent applications and oppositions and the results of the examination and opposition proceedings1.

At present personal consultations in the Divisions are made considerably more difficult due to the currently increasing use of teleworking and the paperless processing of files. To a large extent the necessary exchanges therefore take place with electronic means. The current official software (Patent Workbench, (q/pwb or q/tasklists)) electronically implementing the workflow of the decision-making process in the Divisions provides the feature that each Division member can store in the respective electronic file a text comment visible to all members. In particular, a member can communicate his doubts or objections against a proposal for the grant of a patent in the comment field provided for this purpose.

In principle, there would be no objection to such a form of communication within the competent Division, provided that the confidentiality of the deliberations is guaranteed in all cases (see also Decision of the Board of Appeal, T305/01, reason 5.3)2.

____ 1 For example the Enhancing Collaboration (ECo) Project under SP2023, Goal 3, aims to build up an enhanced collaboration system along the Patent Granting Process, promoting a culture of continual improvement and contributing to improving the quality of our products (see Project Description in the Project Brief 3.2.1.04 Enhancing Collaboration). 2 In T305/01, reason 5.3 the Board held that "third parties including a (prospective) opponent have no right to know the reasoning which led the examining division to grant the patent, such right being also in conflict with confidentiality of deliberation."




Unfortunately, the text comments are not only accessible to the members of the Divisions but also at least to the team managers and directors. Sometimes, individual team managers, being aware of the text comments, have interfered in the debate within the Division and in the decision-making process and have expressed their judgment, for example on the quality of the work of individual Division members. They thus greatly disturbed the atmosphere of trust and cooperation between the members of the Division.

We are therefore concerned that the current software does not seem to meet the prescribed requirement of confidentiality of the deliberations within the Divisions, and that good and trustful cooperation among the members of the Divisions is thus at stake. We believe that this could impair the ability of the Divisions to work and fulfil their tasks properly and also deteriorate the examiners' confidence in their team manager and/or director. Also line managers could be tempted to take the comments into account for reporting purposes. We also doubt that the software meets our own EPO data protection requirements.

We would therefore kindly ask you to take immediately all steps to ensure that the software is configured so that only the Division members can access the comments and that any third parties, including team managers, directors and others, are denied access. In addition, the software should be amended such that the text comments are deleted immediately after the decision has been made.

Furthermore, we would like to ask you to have the software checked by the Data Protection Officer to ensure that it complies with data protection requirements.

We would appreciate being informed as soon as possible of the steps and recommendations taken, if any. If you have any further questions, please do not hesitate to contact us at any time.

Yours sincerely,

Alain Dumont Chairman of the Central Staff Committee



To be continued...

Recent Techrights' Posts

Links 02/02/2025: Website Revamps, Blogging About Blogging, and Self-Harming Tariff Wars (Higher Prices)
Links for the day
 
Windows Going South in the "Global South" (Africa and More)
Microsoft has long been shameless about using the tactics of drug dealers
Sharp Drop for Microsoft Windows This Month, Based on statCounter
Facebook meanwhile censors GNU/Linux advocacy
3 Months Ago Lupa Saw 4,200+ Unique Gemini Capsules; Now It Sees Nearly 4,400
many bots target our capsule (129,152 Gemini requests yesterday alone)
Gemini Links 02/02/2025: Geminispace Targeted by Chatbots, Gabbro 0.1.1 Released
Links for the day
Oracle's Debt Soars to 100 Billion Dollars (12 Billion Added in Just 9 Months!) While Larry Ellison Backs Fascism for Bailouts, Graft, and "Contracts"
Including attempts to gain control of TikTok, owing to the corrupt dictator long promoted by Larry Ellison (also via Twitter takeover)
Links 02/02/2025: Union-Busting and Censorship by Executions
Links for the day
Gemini Links 02/02/2025: Limits Pushing, Free Software Absolutism, and Why Gemini Matters
Links for the day
Slopwatch: BetaNews and linuxsecurity.com Have Just Published More Fake 'Articles' About "Linux"
There's probably more "Linux" slop out there, but we do our best to identify it on a daily basis
Richard Stallman Has Another Talk in India Tomorrow, at Least Fourth India Talks in Recent Days
In the past month he has given at least half a dozen talks
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 01, 2025
IRC logs for Saturday, February 01, 2025
Links 01/02/2025: Chinese and American Censorship, Cloud-[sic]Native Targeted by Software Patents
Links for the day
Links 01/02/2025: Belated Happy New Year 2025 and Gabbro 0.1.2
Links for the day
Hiring for Tech Roles Based on Perceived Loyalty is No Better Than Hiring to Meet Diversity Quotas
What we're seeing right now is a national security disaster and it is almost purely about technology
S.E.O. SPAM by Serial Sloppers With L.L.M. Garbage is Hurting Linux
We continue to run Slopwatch
Links 01/02/2025: Administrative Chaos and Aviation Disasters Persist
Links for the day
Arrested: Albanian Outreachy whistleblowers, Sonny Piers GNOME & Debian connections
Reprinted with permission from Daniel Pocock
Links 1/2/2025: LLM Hype Revisited, Linuxwashing by Oumi
Links for the day
Growing Evidence That the Patent Industry Has Become a Major Scam
Seeing that the patent "industry" has turned to serious crimes (sometimes to cover up corruption) and seeing that the net negative is clearer for all to see, people who argue for abolition of all patents will have a field day
IBM Says That Half of Its "Assets" is Basically Pure Fiction ("Goodwill")
It times get tough, IBM can sell "Goodwill" at the local pawn shop and pay back the lenders, right?
Planet Ubuntu Overrun by LLM Slop? Faizul "Piju" 9M2PJU Seems to be Publishing Fake Articles About "Linux"...
Maybe it is "assisted" by LLM slop, but slop is slop and it introduces many problems
Gemini Links 01/02/2025: LLMs, Analog Computer, and BorgBackup
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 31, 2025
IRC logs for Friday, January 31, 2025
Links 31/01/2025: Mass Layoffs at Amazon and Microsoft, Sweden Again Fails to Protect Critics of Violence
Links for the day
Slopwatch: Fake Articles About "Linux" and More (Latest Roundup Featuring BetaNews, Janus Atienza, and Brittany Day From Guardian Digital, Inc)
LLM slop season
Microsoft Staff Explains How Microsoft Swindled Employees and Avoided Paying Out Severance Pay (Microsoft Hasn't Much Money Left in the Bank)
This is a classic way to avoid paying workers
"Not one of us" by Dr. Andy Farnell
Elon Musk has brought embarrassment to nerds and technologists
Gemini Links 31/01/2025: "Bulletin Buble" and "Why Blog?"
Links for the day
Static Site Generators (SSGs) Pay Off: Vastly Faster Sites, Much Smaller Hosting Bills
success story for SSGs
Of Note: Linux Foundation Has Already Let Linux.com Rot for About 4 Months (No Activity)
there's no campaign aside from marketing spam there
Techrights Should be Even Faster Now
We're now better off
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 30, 2025
IRC logs for Thursday, January 30, 2025
Richard Stallman (RMS) Gave 3 Talks in India in Less Than a Week
In India this month we've not seen a single negative comment about RMS
Indian Data Biases statCounter For or Against "Linux"
In statCounter, the GNU/Linux increases and decreases are deeply tied to what it does with data collected in India
The Corporate Media Pretends That Facebook ("Meta") Has Performed Well, But Its Debt Doubles Every 2 Years Despite Mass Layoffs
That same media also helps parrot misleading financial claims
Microsoft's Debt Surged by More Than 6,000,000,000 Dollars in Just 3 Months
numbers released hours ago
The Sheer Irony of Microsoft Proxy Accusing Others of 'Stealing'
Wherever DeepSick's data came from, Microsoft (or its proxy) is in no position to issue criticism.
The Difference a Decade (and GAFAM Money) Makes
Credibility cannot be purchased
[Meme] The Free Software Foundation (FSF) Has Critics Because Its Message is Effective
Applying to others the same standards one is willing to violate?