Bonum Certa Men Certa

EPOLeaks on Misleading the Bundestag -- Part 6: Dr Petri Starts the Ball Rolling…

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. The EPO Bundestagate -- Part 4: Parroting the GDPR-Compliance Myth
  5. The EPO Bundestagate -- Part 5: The Federal Eagle's Disconcerting Metamorphosis
  6. You are here ☞ Dr Petri Starts the Ball Rolling…


Dr Thomas Petri



Summary: Our story begins with a letter from the Bavarian Data Protection Commissioner in May 2014

The events which form the focus of the present series began to unfold back in April 2014 when a member of the public requested the Bavarian State Data Protection Commissioner, Dr Thomas Petri, to investigate the EPO's data protection framework.



Dr Petri took up the matter and came to the conclusion that the EPO's data protection framework was not fit for purpose.

"Dr Petri took up the matter and came to the conclusion that the EPO's data protection framework was not fit for purpose."In particular he found [PDF] that there was no independent supervisory authority which could supervise compliance with data protection regulations at the EPO. This basically meant that "data subjects" had no effective means of enforcing their rights under data protection law.

However, Petri's examination of the legal situation noted that the authorised contracting party to the European Patent Convention was the Federal Republic of Germany, not the regional states ("Länder").

This meant that the deficient character of the EPO'S data protection framework was an issue that he could not pursue on his own.

It would need to be taken up at a national level by the competent national data protection authority, namely the Federal Commissioner for Data Protection and Freedom of Information (German abbreviation "BfDI").

"In August 2014, Voßhoff proceeded to contact the Justice BMJV to draw the Minister's attention to the matter and to propose the establishment of an independent data supervisory authority for the EPO."Following the conclusion of his investigation, Dr Petri, contacted his counterpart at federal level, the BfDI's Ms Andrea Voßhoff, in a letter dated 5 May 2014 [PDF] in which he summarised his findings and expressed his concerns.

In particular, Petri proposed that the BfDI should "work towards the establishment of a data protection supervision at the European Patent Office by a fully independent oversight body." He noted that the competent government ministry was the Federal Ministry of Justice and Consumer Protection (BMJV).

Ms Voßhoff concurred with Dr Petri's legal assessment of the situation his concerns on the issue of independent data protection supervision at the EPO.

In August 2014, Voßhoff proceeded to contact the Justice BMJV to draw the Minister's attention to the matter and to propose the establishment of an independent data supervisory authority for the EPO. The Minister for Justice at the time in question was Heiko Maas of the German Social Democratic Party (SPD).

The BMJV responded to Ms Voßhoff's communication in November 2014 [PDF].

"Hubig explained that Germany could not unilaterally pursue reform of the EPO's data protection framework because of the EPO's "autonomous" status in international law and the fact that institutional questions were regulated in a multilateral treaty, the European Patent Convention (EPC)."The response was issued by Dr Stefanie Hubig, an SPD party member and State Secretary ("Staatssekretär") at the BMJV reporting directly to the Minister Heiko Maas.

Hubig's response is full of the usual pious platitudes about data protection being "an extremely important issue for the Federal Ministry of Justice and Consumer Protection" and the typical waffle and hand-waving about how "the BMJV is committed to high data protection standards and their constant further development on many levels."

Hubig explained that Germany could not unilaterally pursue reform of the EPO's data protection framework because of the EPO's "autonomous" status in international law and the fact that institutional questions were regulated in a multilateral treaty, the European Patent Convention (EPC).

According to the BMJV, any revision of the EPC would require a diplomatic conference of all contracting states, "a time-consuming procedure by means of which changes cannot be implemented in the short term."

The letter ended with the standard run-of-the-mill assurance that "the BMJV will continue to work within the framework of the EPOrg to ensure that high data protection standards and an independent data protection structure are maintained and further developed."

"At that point it seemed as if the EPO file had been consigned to the BfDI's archives - at least as far as the German authorities were concerned - and that nothing further was likely to happen at a national level in the foreseeable future."In December 2014 Ms Voßhof wrote back [PDF] to Dr Petri to inform him of the BMJV's response.

She noted with regret that the BMJV did not take up her proposal to establish an independent external data protection supervisory authority over the EPO by amending the European Patent Convention (EPC) because of the necessity to convince a diplomatic conference of all 38 contracting states.

Ms Voßhoff described the BMJV's reluctance to push for a review of the matter within the EPO as "regrettable but understandable" in view of the large number of countries that would have to be engaged and convinced.

Because of the lack of uptake on the part of the BMJV, Ms Voßhoff thought that an approach that addressed many member states of the EPC simultaneously was likely to be more effective.

For this reason she proposed to raise the issue of independent data protection oversight of the EPO at EU level "within the framework of the [EU] Article 29 Working Group in Brussels", an advisory body of the EU made up of a representative from the data protection authority of each EU Member State, the European Data Protection Supervisor and the European Commission.

Voßhoff took the view that "a letter from the chair of the Working Group to the EDPS could provide the necessary European impetus for an amendment of the EPC."

At that point it seemed as if the EPO file had been consigned to the BfDI's archives - at least as far as the German authorities were concerned - and that nothing further was likely to happen at a national level in the foreseeable future.

However, as we shall see in the next part, not long afterwards in June 2015 the BfDI was prompted dust off the file following revelations in the press about unauthorised covert surveillance activities by Battistelli's Pinkertons, the notorious EPO "Investigative Unit". ⬆

Recent Techrights' Posts

Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
Digitalisation Is Not Inevitable or Unavoidable
Nor inescapable
Intercontinental Brigading - Part XXXXIV - Why the Swatting Failed
After that we only ever heard from or spoke to cops when we invited them to our home to collect evidence
 
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day
IBM 'Robbery': No More Car Allowance in the UK, Severance Shredded, CEO Pay Up 51% in One Year While Thousands Laid Off in Secret
Why does a CEO reward himself so much when the company does so badly?
Gemini Links 08/11/2026: "Back", Zot, and Information Overload
Links for the day
“Concerned Microsoft Workers” Say “Working at Microsoft Has Become Joyless and Demoralizing.” (That's What Microsoft Wants, More Will Leave That Way)
Many Microsoft employees are going to leave
The Register MS is Losing Hundreds of Thousands of Pounds a Year While Directors Pay Themselves Hundreds of Thousands of Pounds a Year in Dividends
they take money from slop pushers and have clearly compromised some journalistic standards in the process
GNU/Linux Measured at 7.4% in the UK This Weekend: Clownflare Radar
I hope that one day GNU/Linux will be everywhere here
Never a One-Person Project
Just because I'm the main "public face" of the site (who takes all the insults and SLAPPs) doesn't mean I deserve all the credit
“I Always Expect to Lose. I Fight Anyway, and Sometimes I Win.” — Richard Stallman
To change the world meaningfully people must think big
Stop Looking for News About "Layoffs", Layoffs Are Over (They've Been Rebranded)
To properly assess the status quo we need other yardsticks
Links 08/11/2026: Bosses Who Were Forcing Their Workers to Use Slop Change Mind, "Rapper RBX Files Ninth Circuit Appeal in Fraud-Focused Class Action Lawsuit Against Spotify"
Links for the day
Links 08/11/2026: Why Vikings Stayed in Iceland and "TikTok Accused Of Promoting Sex Industry To Young Girls"
Links for the day
Gemini Links 08/11/2026: "Before Sunrise" and LLM Scrapers Versus Self-Hosting (or Web in General)
Links for the day
Intercontinental Brigading - Part XXXXIII - Weaponising Cops in Another Continent (Europe), Knowing They Cannot Come to Your Home in America, While Threatening Women
This year it culminated in death threats
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 07, 2026
IRC logs for Saturday, November 07, 2026
The Decade Ahead, a Decade of Suppressed Stories
Our stories aren't discouraged or considered taboo because of racism or "toxic politics" or anything like that; they just hurt powerful people and corporations
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part V - "Reports Closed Without the Evidence Being Examined."
Totally what the SRA did regarding Brett Wilson LLP
Gemini Links 07/11/2026: Illusion Garden and Lagrange 2
Links for the day
Complexity is the Tyrant's Friend
Slop is for feeble minds and cheaters
IBM Firings (or Silent Layoffs) After Bluewashing; "IBM’s Employment History is More Troubling Than its Patriotic Marketing Suggests"
"It has zip to do with race but everything to do with the greed of the 1% who have been doing all they can to destroy the middle class..."
“Week van de Werkstress” and Work-Related Stress at the EPO, Where Staff is Bullied Into Granting Illegal Patents for Foreign Monopolists
"poor working environments, including discrimination and inequality, excessive workloads, low job control and job insecurity pose a risk to mental health"
Czech Republic: GNU/Linux Rises Above 5% in Desktops and Laptops
A year ago it was somewhere around 4%
EPO's Local Staff Committee The Hague Says Almost or About a Third of Staff Assembled to Organise at "a Time of Continued Social Unrest"
They speak of "circa 850 staff members in attendance" (in The Netherlands there are about a couple thousand)
Suggestions That XBox Will be Offloaded by Microsoft, Rather Than Shut Down, Make the False Assumption XBox is Profitable (It's Not, It's a Liability)
Microsoft has serious financial troubles
Which "Smart" "Phone", Which "Social" "Media", and Which "Cloud" "Storage"?
Let's take back control of the language
State of the (Linux) Slop, Late 2026 Edition
Google News (Gulag Noise) is a plagiarism booster
Year 21
It's 5PM here
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026