Bonum Certa Men Certa

Breaking News: EDPS Admits That It is Powerless to Investigate Claims of GDPR Non-compliance at the EPO

Nothing says 'European data protection' like outsourcing communications to an American surveillance firm



Summary: Nobody is truly in charge at the EDPS (and in Europe at large); they say EPO is "company" and all one can do is kindly ask the EPO itself to obey the law and stop outsourcing European data to American military contractors

Back in March, Techrights started publishing its exposé about the EPO's sell-out of its digital sovereignty to Microsoft.



At around the same time this matter was brought to the attention of the European Data Protection Supervisor (EDPS).

"Its primary objective is to ensure that European institutions and bodies respect the right to privacy and data protection when they process personal data and develop new policies."The EDPS is an independent supervisory authority established by the European Union. Its primary objective is to ensure that European institutions and bodies respect the right to privacy and data protection when they process personal data and develop new policies.

You might have thought that the EDPS would be interested to learn about the alleged GDPR non-compliance at an intergovernmental institution which processes large amounts of personal data relating to EU citizens. You might even have expected them to carry out some kind of independent investigation like the Bavarian Data Protection Commissioner did back in 2015.

But sadly it turns out to be another case of "Not My Department".

"You might have thought that the EDPS would be interested to learn about the alleged GDPR non-compliance at an intergovernmental institution which processes large amounts of personal data relating to EU citizens."In its response to the complaint filed about the EPO, the EDPS has now stated that it is powerless to investigate claims of GDPR non-compliance at the second largest European intergovernmental institution.

Instead it suggests to the complainants that they "could contact EPO directly [...] by sending an email to DPO@epo.org".

The EDPS adds: "You can find this information in the company's Privacy Policy, available here: EPO - Data protection & privacy." (warning: epo.org link)

So as far as the EDPS is concerned, the EPO is a "company" rather than a public intergovernmental institution?

"So as far as the EDPS is concerned, the EPO is a "company" rather than a public intergovernmental institution?"Surely this is beyond a joke...

If EU citizens have a problem with the EPO's failure to comply with GDPR, the only available solution is to complain to the EPO?

And that is going to fix things?

Sounds like somebody in Brussels needs a reality check... URGENTLY!!!

Here's the text of the letter:

Our ref.: ⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆



From: European Data Protection Supervisor

To: ⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆

Date: Friday, April 16, 2021

Dear ⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆⬆

We are writing in response to your complaint submitted to the European Data Protection Supervisor (EDPS) on 11 March 2021.

We would like to point out that the EDPS is the independent authority of the European Union (EU) that deals with the supervision of the processing of personal data done by EU institutions and bodies[1]. In this sense, our tasks are similar to the tasks of national data protection authorities in the EU Member States, but apply only at the level of the European Union and its institutions[2].

We have analysed the matter raised in your message, and it appears that your request does not relate to the processing of personal data by EU institutions or bodies.

The EDPS has no supervisory competence over other international organisations. In consequence, we regret to inform you that your complaint, regardless its possible merits, falls outside the jurisdiction of the EDPS and we therefore do not have any authority to investigate it.

Please be informed that the seat agreements that the international organisations have with their host states usually grant them certain privileges and immunities. These often exclude the application of national law to the international organisation and therefore, the national data protection authority (DPA) of its host state may not be able to assist you either.

However, please be advised that you could contact EPO directly regarding your complaint by sending an email to DPO@epo.org. You can find this information in the company's Privacy Policy, available here: EPO - Data protection & privacy.

Yours sincerely,




EDPS Secretariat

| Tel. (+32) 228 31900 | Fax +32(0)22831950 | › Email edps@edps.europa.eu European Data Protection Supervisor Postal address: Rue Wiertz 60, B-1047 Brussels Office address: Rue Montoyer 30, B-1000 Brussels @EU_EDPS www.edps.europa.eu

This email (and any attachment) may contain information that is internal or confidential. Unauthorised access, use or other processing is not permitted. If you are not the intended recipient please inform the sender by reply and then delete all copies. Emails are not secure as they can be intercepted, amended, and infected with viruses. The EDPS therefore cannot guarantee the security of correspondence by email.

[1] According to Regulation (EU) 2018/1725 (see https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32018R1725 '... the European Data Protection Supervisor, shall monitor the application of the provisions of this Regulation to all processing operations carried out by a Union institution or body...' (see Article 1(3)). According to Article 3(10), the ‘Union institutions and bodies’ are the Union institutions, bodies, offices and agencies set up by, or on the basis of, the TEU, the TFEU or the Euratom Treaty (see http://europa.eu/about-eu/institutions-bodies/index_en.htm for a full list).

2 For example, like national data protection authorities we also provide advice to the legislator on new legislative proposals and on initiatives having an impact on data protection and privacy.




Data Protection Notice

According to Articles 15 and 16 of Regulation (EU) 2018/1725 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, please be informed that your personal data will be processed by the EDPS, where proportionate and necessary, for the purpose of investigating your complaint. The legal basis for this processing operation is Article 57(1)(e) of Regulation (EU) 2018/1725. The data processed will have been submitted by you, or from other sources during the inquiry of your complaint, and this may include sensitive data. Your data will only be transferred to other EU institutions and bodies or to third parties when it is necessary to ensure the appropriate investigation or follow up of your complaint. Your data will be stored by the EDPS in electronic and paper files for up to ten years (five years for prima facie inadmissible complaints) after the case closure, unless legal proceedings require us to keep them for a longer period. You have the right to access your personal data held by the EDPS and to obtain the rectification thereof, if necessary. Any such request should be addressed to the EDPS at edps@edps.europa.eu. Your data might be transferred to other EU institutions and bodies or to any third parties only where necessary to ensure the appropriate handling of your request. You may also contact the data protection officer of the EDPS (EDPS-DPO@edps.europa.eu), if you have any remarks or complaints regarding the way we process your personal data. You can find the full version of our data protection notice on complaint handling at: https://edps.europa.eu/data-protection/our-role-supervisor/complaints-handling-data-protection-notice_en.

___________________________ [1] According to Regulation (EU) 2018/1725 (see https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32018R1725 '... the European Data Protection Supervisor, shall monitor the application of the provisions of this Regulation to all processing operations carried out by a Community institution or body...' (see Article 1(2)). According to paragraph 1 of the same article, the ‘Community institutions or bodies’ are the institutions and bodies set up by, or on the basis of, the Treaties establishing the European Communities (see http://europa.eu/about- eu/institutions-bodies/index_en.htm for a full list). [2] For example, like national data protection authorities we also provide advice to the legislator on new legislative proposals and on initiatives having an impact on data protection and privacy.


Notice the mistakes with the footnotes, the repetition, the odd formatting etc. A rushed job? Did they properly investigate the complaint at all? Or did they look for excuses to dismiss it upfront? Did they use a template that refers to the subject as "company" or do they seriously think EPO is now a for-profit corporation? And if so, are corporations above the law and above the state? Here's the original [PDF] FWIW. ⬆

Recent Techrights' Posts

EPO Meeting Ran Out of Time to Discuss the Scabs ('Young Professionals')
EPO staff representatives in The Hague meet a member of the 'cocaine cabinet'
Julian Assange Ready to Talk More (After More Than a Decade of Arbitrary, Unjust Confinement)
Two years ago, upon his release, his wife said he'd need some time off before properly or fully returning to the public eye
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DisroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DisroWatch page to make the illusion of popularity
Daniel Pocock Makes It Into Mainstream Media Again (Going After Racists)
American bigots funding blatant and shameless racists here in the UK
Another Woman (or Women) Has Just Run Away From Brett Wilson LLP (After Barely a Month!), the Hired Guns of Garrett and Graveley (Microsoft)
They call this phenomenon "death spiral"
SLAPP Censorship - Part 200 Out of 200: Will GNU Boot Undo the Technical Damage Caused by Microsoft and Garrett? (And Garrett's Litigation Allies From Microsoft)
Today we publish the final part of this series
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 25, 2026
IRC logs for Friday, September 25, 2026
Longtime Symbol of Microsoft's XBox Franchise, Halo, Down to Barely 20 People
The purge is huge, far bigger than submissive media cares to point out
The Register MS Promotes Slop for Banned Companies That Put Chinese Back Doors in Things, "AI" Mentioned 37 Times in One Page!
taking money from the undemocratic state and its surveillance outfits
Microsoft Attacked European Courts and Jurists, Now Europe Dumps Microsoft
This is because GNU/Linux is technically better, but the political factors contribute to that as well
IEEE Tribute to Richard Stallman, Michael Tiemann, Linus Torvalds, Larry Augustin, Eric S. Raymond, Bruce Perens, Frank Hecker and Brian Behlendorf (Revolution OS Showing)
Live shortly
Winding Up Racists
What happens next shall be interesting
Links 25/09/2026: Selling Rogue, Defective Bots as "Agents" Results in PR Fiasco and Breaches; Russian 'Hybrid Attack' and "How Russia Evades Sanctions"
Links for the day
Gemini Links 25/09/2026: Arvelie Calendar, 44net, Pebbles, and Building the Bagel Concert Finder
Links for the day
Large Wave of IBM PIPs, the RAs Wave Comes After 'Low-Hanging' Fruit (Families) Disposed of
PIPs are the new RAs
Links 25/09/2026: Carcinogen Atrazine Pollutes Americans' Bodies, "Donald the Deadbeat Does Diesel", and Anger Over Data Centres Grows
Links for the day
Theory That Microsoft Cheapens Its Workforce to Push Workers Out on Their Own (Theory Advanced by Insider)
people work longer hours for less, i.e. their hourly salary is decreasing
Tackling Racism in the United Kingdom (Racism Funded by Americans) Using the Courts
We'll talk about racism my wife and I experienced in the events leading up to litigation
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
Criminalising Opposition to Fraud
slop causes social issues
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock
Gemini Links 24/09/2026: Laziness, Outdoor Seating, "AngelNova’s Interview Malware and Its North Korea Connection"
Links for the day
Links 24/09/2026: Slop "Linked to Disturbing Culture of Sexual Assault"; "Zelensky Warns Russia’s War Will Expand if It Is Not Ended Soon"
Links for the day
Winding-up petition served on Reform UK Party Limited (Nigel Farage)
Reprinted with permission from Daniel Pocock
Appliances Should be Dumb
Any "Smart Home Appliance" is basically a thing that does not last long, does not work as advertised, and is generally unfit for purpose
SLAPP Censorship - Part 198 Out of 200: It Sounds Like Garrett is Now Sending People to Silence Critics (Including His Own Spouse)
This week Garrett is having a somewhat karmic experience
Links 24/09/2026: Slop Contaminating KDE, Slop-Focused Data Centres Have Severe Environmental Impact
Links for the day
SLAPP Censorship - Part 197 Out of 200: Garrett Became So Poor That He Wants Others (in Another Continent) to Pay for His Own Legal Work Being Faulty
They lie to courts
The Register MS Has Become a Slopfest
This is the behaviour of a perishing publisher
Gemini Links 24/09/2026: Requiem for a Season, Philosophy, Rube-Goldberg Machine, ROOPHLOCH 2026, and Git over Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 23, 2026
IRC logs for Wednesday, September 23, 2026