Bonum Certa Men Certa

EPOLeaks on Misleading the Bundestag -- Part 16: An Inimitable Duo

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. EPOLeaks on Misleading the Bundestag -- Part 7: Ms Voßhoff Alerts the Bundestag…
  8. EPOLeaks on Misleading the Bundestag -- Part 8: The EPO's Tweedledum, Raimund Lutz
  9. EPOLeaks on Misleading the Bundestag -- Part 9: A Veritable Virtuoso of Legal Sophistry
  10. EPOLeaks on Misleading the Bundestag -- Part 10: A Faithful Lapdog Despised and Reviled by EPO Staff
  11. EPOLeaks on Misleading the Bundestag — Appendix (Benoît Battistelli's Vichy Syndrome): Georges Henri Léon Battistelli and Charles Robert Battistelli
  12. EPOLeaks on Misleading the Bundestag -- Part 11: The BMJV's Tweedledee: Dr Christoph Ernst
  13. EPOLeaks on Misleading the Bundestag -- Part 12: A Worthy Successor to His Mentor?
  14. EPOLeaks on Misleading the Bundestag -- Part 13: The Failed Promise of a “Good Governance” Guru…
  15. EPOLeaks on Misleading the Bundestag -- Part 14: The Notorious Revolving Door
  16. EPOLeaks on Misleading the Bundestag -- Part 15: Different Strokes for Different Folks
  17. You are here ☞ An Inimitable Duo


BfDI Alice



Summary: How the efforts to reform the EPO's data protection framework were derailed by the actions of Lutz and Ernst

IN the last part we concluded our long and winding detour to examine the respective roles of Lutz and Ernst in EPO affairs over the last two decades.



Now it's time to return to the main focus of the present series, namely: how the efforts of the Federal Data Protection Commissioner to push for a reform of the EPO's data protection framework were derailed by the actions of this inimitable Tweedledum-Tweedledee duo.

"Dr Ernst proceeded to fire off a letter to the EPO's Directorate of Legal and International Affairs, headed by none other than former Federal Justice Ministry official, Raimund Lutz."As we saw in an earlier part of the series, the Federal Data Protection Commissioner, Ms Andrea Voßhoff, sent a letter to the Legal Affairs Committee of the Bundestag in July 2015 in which she expressed her concerns about deficiencies in the EPO's data protection framework, in particular the lack of independent supervisory oversight.

The Legal Affairs Committee of the Bundestag placed the matter on its agenda for a meeting scheduled to take place on 14 October 2015. At the same time the Federal Government was invited to provide a statement of its position to the Legal Affairs Committee.

In accordance with standard procedures the matter was passed on to the competent government department, namely the Federal Ministry for Justice and Consumer Protection (BMJV) which is responsible for all matters relating to the EPO.

And so it came to pass that the file landed on the desk of a "Ministerialdirigent" by the name of Dr Christoph Ernst.

Dr Ernst proceeded to fire off a letter to the EPO's Directorate of Legal and International Affairs, headed by none other than former Federal Justice Ministry official, Raimund Lutz.

In his letter to Lutz dated 20 July 2015 [PDF], Ernst noted that Ms Voßhoff had addressed the Legal Affairs Committee of the Bundestag and had reiterated the demand for the establishment of an external data protection supervisory authority over the European Patent Office, referring to "the case of computer surveillance by means of keyloggers and video cameras recently mentioned in the press".

Ernst then made a request for assistance from the EPO:

In preparation for the discussion in the Legal Committee [of the Bundestag], it would nevertheless be very helpful if the BMJV had a written statement from the European Patent Office at its disposal.

I would therefore ask you to comment on Ms Voßhoff's letter of 9 July 2015. In particular, I would ask you to explain to me once again in detail the data protection standards applicable at the EPO, the cooperation with the European Data Protection Supervisor and the events in connection with the computer monitoring mentioned above, and their legal assessment under the law applicable to the EPO.


It took some time for Lutz to get back to Ernst but on 2 October 2015 he sent the EPO's response to the BMJV. [PDF]

This response is full of the usual self-serving waffle and pious platitudes about how the EPO's data protection framework is "closely aligned" with EU data protection regulations, for example:

The EPO is proud of its long history of data protection. We are one of the first international organisations to have actively pursued data protection, having enacted the first data protection guidelines back in 1992. This policy was revised in 2014 and adapted to current standards of data protection. It is based on generally accepted European legislation, first and foremost Directive 95/46/EC and Regulation 2001/45/EC, which contain all the elements of modern data protection, from the basic principles of data protection to the rights of an individual vis-à-vis the data-processing institution.


When addressing the allegations of unlawful covert surveillance by Battistelli's "Investigative Unit", Lutz adopted a more defensive tone and declined to comment on the specifics:

As far as the specific case is concerned, I ask you to understand that the EPO cannot comment in this context on ongoing disciplinary proceedings of the Administrative Council, but I would like to point out that press articles based on an isolated letter do not provide a reliable basis for assessing our data protection.


The letter continues with further cant and humbug about the EPO's "conscientious" approach to data protection and the same old phony assurance that "its rules meet European data protection standards".

Lutz concludes by expressing his gratitude for the support given to the EPO by BMJV via "the letter from the State Secretary Ms Hubig to the Data Protection Commissioner of 7 November 2014".

As might be expected, the correspondence between the "Ministerialdirigent" Dr Ernst and EPO Vice-President Lutz is worded in an official and formal style.

However, it is apparent from the much more personal tone of the cover e-mail of 20 July 2015 [PDF] which Ernst sent to Lutz that these two gentlemen were on very familiar terms with each other.

The text of this e-mail reads as follows (in translation):

Dear Raimund

Here is an advance copy of the announced communication per e-mail.

Cordial greetings

Christoph


Here we can see that Ernst addresses Lutz by his given name rather than using the more formal "Sehr geehrter Hr Lutz". The e-mail concludes with "Herzliche Grüße" ("cordial greetings") rather than with the more impersonal salutation - "Mit freundlichen Grüßen" - which is found in the official correspondence.

With his letter of 2 October 2015, Lutz provided Ernst with the material that he needed to prepare his submission for the Legal Affairs Committee in a manner that would neutralise the impending threat of parliamentary "interference" in EPO affairs.

In the next part we will explain how Ernst used "copypasta" magic to ward off the evil spirit of the Federal Data Protection Commissioner who was threatening to encroach upon the inviolability of Battistelli's EPOnian fiefdom.

Recent Techrights' Posts

No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
 
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025
Gemini Links 13/05/2025: Apocalyptic Future and More
Links for the day
Unless a Third of All Microsoft Layoffs Worldwide Are in Redmond (Washington) Alone, Microsoft Has Just Lied to Everyone Via Jordan Novet in CNBC (i.e. the Usual Any Time There's Mass Layoffs and Novet Weighs in With False Numbers)
Maybe when Microsoft said 3% it meant ~6,000 or more in the US alone
McKinsey (McK) is Killing IBM, It's All About Killing This Goose, "National Sales Team 80% on PIP Now" (Preceding Layoffs Without Severance)
PIPs are not based on performance
Links 13/05/2025: Microsoft Breaks Windows Very Badly Again, Mass Layoffs Reported (But False Figures, It's a Lot Higher)
Links for the day
As Expected, Microsoft Uses Media Operative (Jordan Novet) to Downplay the Scale of Mass Layoffs
here we go
2025 Will be a Big Year For GNU/Linux on Desktops/Laptops
with an economy like this, people who don't live in rich countries won't turn to Apple
Signs of Trouble: Microsoft Job Openings for Jobs That Do Not Exist!
Keeping up appearances?
"Special Place in Hell" for Women Who Help Violent Microsofters From Another Continent Attack Local Women Who Did Nothing Wrong, They Just Got Bullied and Deserve Sympathy or Compensation
Nothing says "Brat" like men who attack women, right?
The Numbers Game: 50,000-60,000 Microsoft Workers Laid Off in 2.5 Years? And Debt Still Tripled Under Nadella.
under Nadella Microsoft's debt trebled
The Slow Death of Windows Will Mean the Inevitable Demise of Microsoft
Once people stop using Windows, it'll be hard for Microsoft to sell anything to them
Last Week's Public Talk by Richard Stallman Well Attended and Covered in Technical News Sites
and we're looking at about 60,000 Microsoft layoffs in 3 years
Gemini Links 13/05/2025: Shopping is an Exasperating Nightmare and Making Phones Minimal
Links for the day
23,000 More Microsoft Layoffs by the End of June If the Estimates Are Correct (In Addition to About 6,000 Layoffs So Far This Year)
There's no questions about many layoffs happening this month. It got leaked already. The only question is when (and also how many).
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025
Major Microsoft Layoffs This Week (Discussed Online)
later we can expect a lot of spin, even misinformation
What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025