Bonum Certa Men Certa

The EPO Bundestagate -- Part 4: Parroting the GDPR-Compliance Myth

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. You are here ☞ Parroting the GDPR-Compliance Myth


EPO's GDPR-Compliance Myth
What could possibly have led the German government to parrot the EPO's bogus and self-serving claims about GDPR-compliance?



Summary: The EPO had been in violation of GDPR (EU) for years, both under Benoît Battistelli and António Campinos; but the lies persisted

Back in October 2019, the FDP submitted another "minor interpellation" entitled "Data protection in relation to cooperation with the EPO" ("Datenschutz bei EPA-Zusammenarbeit" - Bundestag Printed Paper [PDF] no. 19/14490).



This interpellation contained a series of questions relating to the EPO's data protection framework, in particular in the context of data exchanges with national authorities such as the German Patent & Trademark Office.

"This interpellation contained a series of questions relating to the EPO's data protection framework, in particular in the context of data exchanges with national authorities such as the German Patent & Trademark Office."Under point 7. of the interpellation, the FDP explicitly raised the issue of the compliance of the EPO's data protection framework with the GDPR (which had entered into force over a year previously in May 2018).

The relevant passage of the interpellation reads as follows (in translation):

According to the knowledge of the Federal Government, is data processing at the EPO compliant with the provisions of the GDPR, or does it have any indications that would suggest a deviation from GDPR regulations?


The response of the Federal Government was published on 12 November 2019 (Bundestag Printed Paper [PDF] no. 19/15072).

The passage of the response which addresses point 7. of the FDP's interpellation reads as follows (in translation):

The Federal Government has no indication that the EPO does not comply with the provisions of the European data protection standards. The Board of Auditors of the European Patent Organisation, which is appointed by the Administrative Council under Article 49(1) EPC and carries out its activities in accordance with Articles 49 and 50 EPC and its Rules of Procedure and professional auditing standards, stated the following in its audit report for the financial year 2018 (document CA/20/19) (warning: epo.org link). Although the EPO, as an international organization, is not directly subject to EU rules, the basic principles of the GDPR have nevertheless been implemented, as data of European citizens are processed at the EPO. In addition, it was noted that for the sake of transparency, the EPO has already established a data protection register in the past to record all processing of personal data. Upon request, the information can be made available (publicly) to the data subject, thus ensuring the right to information.


The government's response is another classic piece of hand-waving and obfuscation about the atrociously deficient state of the EPO's data protection framework.

It is however worth looking at this response more closely because it seems to have come straight from the EPO's internal "echo chamber". There is very little evidence of any independent thought or research on the part of those responsible for drafting the government's statement of its position.

"It seems that the reader is supposed to accept these assertions on "blind faith"."What is particularly noteworthy is the fact that the German government appears to rely solely on the EPO's internal audit report for the financial year 2018 (CA/20/19) (warning: epo.org link) as the basis for its "considered opinion" that the EPO's data protection framework is GDPR-compliant.

There's just one small problem here.

Neither CA/20/19 nor any other internal "audit report" from the EPO contains a meaningful substantive assessment of the organisation's data protection framework and its purported compliance with GDPR standards.

The available audit reports from the EPO (CA/20/18, CA/20/19, CA/20/20) (warning: all are epo.org links) only contain cursory self-serving assertions to the effect that the organisation's data protection framework is "relatively closely aligned" with EU data processing regulations - whatever that is supposed to mean.

What is conspicuously absent is a credible independent audit of the EPO's data protection framework that could be considered to substantiate the self-serving assertions emanating from the EPO's senior management.

It seems that the reader is supposed to accept these assertions on "blind faith".

"For this reason it's a bit disconcerting to see the Federal Government of Germany still parroting the EPO's manifestly bogus and self-serving assertions about GDPR-compliance in such a naïve and uncritical manner in November 2019."However, this becomes difficult when it is recalled that back in 2016 the EPO staff union (SUEPO) commissioned a report about various aspects of EPO governance from external legal experts.

This report dated 31 May 2016 - which is publicly available - found that the EPO's data protection framework was not compliant with EU data protection standards and that it was in urgent need of a radical overhaul.

Nothing of substance has changed since May 2016.

For this reason it's a bit disconcerting to see the Federal Government of Germany still parroting the EPO's manifestly bogus and self-serving assertions about GDPR-compliance in such a naïve and uncritical manner in November 2019.

In the next part we will consider how this curious state of affairs came about.

Recent Techrights' Posts

When Microsoft Folks Who Literally Strangle Women Try to Strangle Microsoft Critics
Speaking to Court staff yesterday, they too are shocked about those SLAPPs
Martinique: Windows Down to All-Time Low
we cannot expect Windows to ever recover
Press Reports Say Almost 10,000 Western IBMers Laid Off
We've been trying to verify/corroborate this somehow
Days Ago yewtu.be Found a Workaround That Made Invidious Work Again. Then Google Broke All the Instances (Again).
"Youtube changed something again, so if a video does not play, it's because of that."
 
Gemini Links 25/03/2025: Relaxation, Literary "Movements", and Gemini Mentions
Links for the day
After US Government Funding Cuts the Centralisation of the Web (Especially Certificate Authority Let's Encrypt) is at Risk
They try to pull the plug on open protocols with decent encryption available (unless it is outsourced to third parties)
Links 25/03/2025: Putin Sends Children to Battle, 23andMe Drowns as People's Highly Personal DNA Data Floats
Links for the day
Anticipated in 2018: Lilie James & Location tracking, Googlists complained
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 24, 2025
IRC logs for Monday, March 24, 2025
IBM (and Red Hat) on a Fast Train to Nowhere
What is the future of Fedora when IBM keeps removing its leadership?
Gemini Links 24/03/2025: "Live Off the Land" and Life Without YouTube
Links for the day
Planet Ubuntu (or Ubuntu Planet) is LLM Slop
Reading chatbots' output is bad use of time
The European Patent Office (EPO) is Slowly Killing Its Own Staff; All It Cares About Is Money
The Office hasn't been run by a scientist for about 18 years already
Links 24/03/2025: US Detaining Innocent People, F-35 Contracts Suspended Due to Hostilities
Links for the day
Cellphones (Mobile Phones) in Classrooms
A recent study confirmed that people's intelligence has dropped in recent years/decades
Is the FSF Being 'Trolled' by Microsofters Pushing C# (Microsoft)?
Who stands to benefit from training people to use and spread Microsoft?
Matthew J. Garrett is "Former Microsoft Researcher", According to Microsoft's Serial Strangler
Their argument is something along the lines of, "what Roy published damaged my career prospects, so I want Roy to pay me...
Links 24/03/2025: Political Catchup and Environmental Concerns
Links for the day
Windows Has Now Fallen to Rather Ridiculous 3% "Market Share" in Iraq (Windows Was Measured at 100% Back in 2010)
Iraq is not a place where Windows can make a comeback
Gemini Links 24/03/2025: Working With Music and Unconscious Influence
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 23, 2025
IRC logs for Sunday, March 23, 2025
Critics of IBM's Strategy Aren't Racists, But...
the situation is saddening as it serves to obscure the severity of the problem
Mauritania: Windows Falls to All-Time Low of 6% (It Used to be Over 99%)
Windows is 0% in mobile
New USPTO Memo Makes Fighting Patent Trolls Even Harder
The U.S. Patent and Trademark Office (USPTO) just made a move that will protect bad patents at the expense of everyone else
Outline of Open Source Initiative Coverage to Come (Now That Consensus is Changing)
Policing Wikipedia and attacking critics is not a sustainable strategy
An "EU OS" Would Need European Components
There are many European (or Europe-led) distros of GNU/Linux. EU OS developers ought to look at those.
Gemini Links 23/03/2025: "Connor of the Cats" and CSS Naked Day
Links for the day
Links 22/03/2025: Science and Antoine Beaupré on "Losing the War for the Free Internet"
Links for the day
We Probably Served Close to 100 Million Gemini Requests
Many of these requests probably came from bots, but it's hard to distinguish (to block them) ... This coming summer Gemini Protocol will turn 6
Just Because Microsoft Resents Techrights Doesn't Mean SLAPPs Will Silence Techrights
To confront lies the best solution is to speak truth
Windows at New Low Levels in Madagascar (Population About 33 Million)
Madagascar does not need Microsoft
Slop Images Are Bad Optics, Including for Perl.org
Slop devalues one's genuine work
What Happened to the Open Source Initiative (OSI) Elections: Proprietary Software Companies in Control, the Scandals Cannot be Hidden Anymore
We'll talk about it later this month and next month
Slopwatch: Fake News About Security Using LLMs That Make Fake 'Articles' About "Linux" (With Slop for Images)
This cannot end well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 22, 2025
IRC logs for Saturday, March 22, 2025