Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- Part I (Start of Series): Enter the “Cloud of Unknowing…”

Previous parts:



Clown of the unknowing
According to Thomas Petri, Bavarian Data Protection Commissioner "nobody is really in charge" when it comes to data protection matters at the EPO



Summary: The first part of an important series; historically, EPO has always sent out aggressive lawyers to issue threats when we exposed EPO-Microsoft collusion

THIS Part I isn't the same as the introduction to Part I. This is the body of the long story, which will be told responsibly and prudently for the coming fortnight, several times per day. Without further ado, and in spite of suppression attempts, we start this series.






Back in June 2015, it was reported that the Bavarian Data Protection Commissioner, Dr Thomas Petri, and the Federal German Data Protection Commissioner, Andrea Vosshoff, had raised serious concerns about the state of data protection at the EPO.

According to the German press, Dr Petri had previously investigated the data protection framework at the EPO in the spring of 2014 following a complaint and he had come to the conclusion that it was seriously deficient.

Referring to the lack of any genuine independent oversight in data protection matters, Dr Petri stated: "It emerged that nobody was really in charge".

"An optimist might like to believe that things have surely improved since then. Unfortunately there is no evidence of this."He called for an external data protection supervisor to be assigned to the EPO because the internal inspectors were not independent enough and "in the absence of any action matters are likely to get out of hand".

An optimist might like to believe that things have surely improved since then. Unfortunately there is no evidence of this.

In the meantime the EPO seems to have just muddled along relying on its traditional "three monkeys" approach to "rebutting" external criticism of its data protection framework.

3 monkeys
The EPO's approach to "rebutting" criticism of its data protection framework: See no evil – hear no evil – speak no evil



For example, when the EU General Data Protection Regulation (GDPR) came into effect in May 2018 during the final days of the Benoît Battistelli régime, the EPO's response was to issue a self-serving communiqué (warning: epo.org link) proclaiming its commitment to "ensuring the highest level of data protection" and announcing that "a recent audit report has confirmed a close alignment with the GDPR legal framework".

"The reader is expected to take the EPO's claim at face value despite the fact that it is scarcely credible that an independent external audit could have arrived at such a conclusion."Of course no substantive information about the "recent audit report" was provided.

The reader is expected to take the EPO's claim at face value despite the fact that it is scarcely credible that an independent external audit could have arrived at such a conclusion.

If Dr Petri was of the considered opinion that the EPO's data protection framework was deficient when measured against pre-GDPR data protection standards, then it's difficult to see how the same framework which hadn't changed in the meantime could be considered meet the even more stringent data protection standards imposed by GDPR.

As a matter of fact, a report commissioned by the EPO staff union SUEPO from external legal experts in 2016 confirmed that the EPO's data protection framework was not compliant with EU data protection standards and was in urgent need of a radical overhaul.

But it's necessary to understand that we are dealing here with the logic of the "système Battistelli".

"Perish the thought that someone could be so impudent as to call for an independent audit…"If Battistelli insists that the EPO's data protection framework is GDPR-compliant, well then it has to be. Anybody who dares to question that claim had better watch out! Perish the thought that someone could be so impudent as to call for an independent audit…

And it would be a grave mistake to think that things have improved on this front following Battistelli's departure.

More recently in September 2020, the EPO published a notice on the topic of "Data privacy policy for the processing of personal data in Microsoft 365".

Once again the reader is assured:

"The protection of your privacy is of the utmost importance to the European Patent Office (EPO). We are committed to respecting and protecting your personal data and ensuring your rights as a data subject. All data of a personal nature (i.e. data that can identify you directly or indirectly) will be processed fairly, lawfully and with due care."

For good measure the well-rehearsed schtick about GDPR-compliance is trotted out:

"We strive to keep our data protection framework in line with current best practices. A recent audit report has confirmed that it is in close alignment with the EU’s General Data Protection Regulation (GDPR)."

But where is this mysterious "recent audit report"?

Is it the same one that Battistelli referred to over two years previously back in May 2018?

"But where is this mysterious "recent audit report"?"Of course you're not supposed to ask and if you have the temerity to do so, then you'd better not hold your breath waiting for an answer.

But when you peel away the PR façade, what the public notice of September 2020 does provide in terms of factual evidence is an irrefutable indication of the increasing reliance of the EPO on cloud computing services hosted by Microsoft.

In the next part we will see how this was confirmed by a recent internal communiqué from EPO Vice-President Steve Rowan (warning: epo.org link), formerly Director of Patents, Trade Marks, Designs and Tribunals at the UKIPO.

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day