Bonum Certa Men Certa

EPOLeaks on Misleading the Bundestag -- Part 7: Ms Voßhoff Alerts the Bundestag…

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. EPOLeaks on Misleading the Bundestag -- Part 6: Dr Petri Starts the Ball Rolling…
  7. You are here ☞ Ms Voßhoff Alerts the Bundestag…


Federal Data Protection Commissioner



Summary: In July 2015, the Federal Data Protection Commissioner notified the Bundestag of her concerns

As is well known, the EPO made headlines in Germany in June 2015 following revelations about covert surveillance conducted by the Benoît Battistelli's notorious "Investigative Unit" which was reported to have deployed hidden cameras and key loggers in a manner that would have been illegal under EU and national data protection law in Germany.



Media reports about the EPO spy-scandal persuaded Ms Voßhoff to dust off the EPO file and renew her efforts to have this rogue organisation called to account by the Federal German authorities.

"Media reports about the EPO spy-scandal persuaded Ms Voßhoff to dust off the EPO file and renew her efforts to have this rogue organisation called to account by the Federal German authorities."In July 2015, Ms Voßhoff proceeded to write to Ms Renate Kunast, the Chairperson of the Legal Affairs Committee of the German Federal Parliament (the "Bundestag") to bring her concerns to the attention of German parliamentarians.

The text of Ms Voßhoff's letter [PDF] reads as follows (in translation):

I was made aware of the issue of the lack of independent external data protection supervision of the European Patent Office (EPO) by the Bavarian State Commissioner for Data Protection.

My efforts to improve data protection supervision at the EPO have so far been have so far been unsuccessful.

I would therefore like to draw the attention of the German Bundestag to the problem.

The European Patent Office is an organ of the European Patent Organisation (EPO) established by the European Patent Convention (EPC) and endowed with legal personality. It is therefore a supranational institution based on an international treaty with its headquarters in Munich and offices in The Hague, Berlin, Vienna and Brussels. Vienna and Brussels with about 6,800 employees. The contracting states are 38 European countries, including all EU member states.

The legal nature of the EPO means that there is no data protection supervision by an independent external body. Neither the Bavarian State Commissioner for Data Protection nor I can derive any competence from state or federal data protection law. The EPO is neither a public body of the State of Bavaria nor of the Federal Republic of Germany. The European Data Protection Supervisor is also ruled out as an independent supervisory body, as the EPO is neither an institution nor a body of the European Union.

Even if, according to the EPO's internal data protection officer, internal data protection regulations have been in place at the EPO since 1992, in particular based on the Data Protection Directive 95/46 EC, a lack of independent external data protection supervision is also taken as given from the EPO perspective.

In the interest of safeguarding the data protection rights of those affected, I have contacted the responsible Federal Ministry of Justice and Consumer Protection (BMJV) with the request to examine measures to close this supervisory and oversight gap, for example by means of a corresponding amendment to the EPC.

The BMJV has not yet taken up this suggestion. It refers to the necessity of a diplomatic conference of all 38 contracting states of the EPC for such an institutional reform of the EPC. This time-consuming procedure would not permit an amendment in the short term.

However, the Federal Ministry of Justice gives an assurance that it will continue to advocate, within the scope of its possibilities, compliance with and further development of high data protection standards and an independent data protection structure in its committee work within the EPO.

Although I have some understanding for the BMJV's position, the permanent absence of an independent external supervisory authority for data protection matters nevertheless poses a risk - that should not be underestimated - to the fundamental right to informational self-determination of the persons concerned given the processing of a large amount of personal data of applicants and staff at the EPO.

This risk is rendered apparent by a case that has now received press coverage. In an article dated 8 June 2015 (see attachment), the Süddeutsche Zeitung reported allegations that two publicly accessible computers at the EPO were placed under surveillance with so-called keyloggers and video cameras without the persons concerned being informed. Due to the current legal situation, no independent data protection supervisory authority can investigate these allegations.

Moreover, those potentially affected, in particular members of the Administrative Council, patent attorneys, employees and visitors to the EPO, lack any possibility of turning to an independent body capable of enforcing their rights to informational self-determination.

In view of the prevailing factual and legal situation, I would be grateful if the Legal Affairs Committee would address the issue in a supportive manner.



The Legal Affairs Committee of the Bundestag reacted to Ms Voßhoff's letter by placing the matter on its agenda for a meeting scheduled to take place in October 2015 [PDF].

It seemed that the Legal Affairs Committee was gearing up to investigate the worrying "supervisory and oversight gap" identified by Ms Voßhoff.

"As far as can be determined from the available evidence, the authors of this intrigue were the duplicitous Tweedledum and Tweedledee duo of the EPO‑Federal Justice Ministry nexus, Raimund Lutz and Christoph Ernst."However, as we shall see in due course, Ms Voßhoff's efforts to have the deficiencies in the EPO's data protection framework subjected to meaningful parliamentary scrutiny were derailed by what appears to have been a nefarious behind-the-scenes intrigue.

As far as can be determined from the available evidence, the authors of this intrigue were the duplicitous Tweedledum and Tweedledee duo of the EPO‑Federal Justice Ministry nexus, Raimund Lutz and Christoph Ernst.

Before delving into the details of the intrigue which derailed Ms Voßhoff's initiative, we will make a detour to look more closely at these two individuals and their respective roles in EPO affairs over the last two decades.

Recent Techrights' Posts

Links 16/02/2026: Barack Obama Responds to Racist Cheeto and Benjamin Mako Hill Studies Online Communities
Links for the day
IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
 
The Southern California Linux Expo (“SCALE”) or SCALE 23x Becomes Microsoft
It's not supporting the event, it is buying it.
Where Microsoft's Bing Cannot Even Reach 1% "Market Share"
Looking at "I" countries
Microsoft to Focus on Name-Dropping Buzzwords to Distract From Declining Business, IBM RAs (Layoffs) With Staff Stack-Ranked
Calling everything cloud or reclassifying as "AI"
Another EPO Strike One Week From Now, Local Staff Committee Munich to Discuss It This Week
Campinos MIA while Office staff goes on strike at least 4 times
Gemini Links 16/02/2026: Task Completed by Avoidance and "Playing Again With Akkoma"
Links for the day
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026
Links 15/02/2026: Slop, Politics, and Gemini
Links for the day
Small is Beautiful (in Cascading Style Sheets/Inheritance Rules)
If done correctly, pages can take a tenth of a second to fully load
Microsoft Has Fallen to New Lows in Hong Kong This Year
That Windows "market share" falls there is perhaps expected
Free Software Foundation (FSF) Raised About 1.5 Million Dollars This Winter, Almost 50% More Than in All of 2024 Combined
Verbal advocacy goes a long way
Spread the Word About EPO Strikes and Patent Injustices in Europe
Corruption in Europe is a real thing
The Register MS is Promoting Slop, Promotion Connected to Microsoft (Trying to Replace Judges With Microsoft)
marketing spun as "science"
He Did Not Have Enough Souls
A lot of the subjects we cover here no other site dares touch
"Mix Vale" is a Slopfarm
3 "articles" about "ubuntu"
Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day