12.03.20

Gemini version available ♊︎

EPO Management Consciously Breaking European Union Laws: Staff and Stakeholders Subjected to Illegal Tactics and Practices, Now Exam Takers As Well

Posted in Europe, Patents at 1:37 pm by Dr. Roy Schestowitz

Orwell’s nightmare, now with diplomatic immunity and no oversight whatsoever

Mirrored objective

Summary: The EPO routinely breaks privacy laws, knowing that there’s not even an attempt to enforce the law against the EPO’s dictators; we’ve lost count of the instances/number of privacy scandals at the EPO, but we keep adding more to our list

Staff and stakeholders have their privacy rights violated, as we noted last month and again this morning. Under normal circumstances, Benoît Battistelli, António Campinos and their ilk would risk arrest for what they do at the EPO. But they have diplomatic immunity and half a decade ago we saw Battistelli getting away with very serious crimes, e.g. visitors subjected to illegal surveillance on EPO premises (it was all over the media at the time, back when the media actually bothered covering EPO scandals).

Wall of MirrorsThe Commission's whitewash of corruption at the EPO means that EU law won’t be enforced and rules won’t be honoured; just like that… more abuse, more immunity, more impunity…

Rose Hughes (AstraZeneca and EPO apologist) has just been advertising a sham exam (EQE) with extra surveillance now added to it. The corruption associated with EQE was covered here in a series earlier this year. Nobody was held accountable. Nobody.

Based on this post, the EPO adopts more spyware; basically malware. It’s as if COVID-19 makes ‘magic’ and renders the illegal “excusable” ever so magically. To quote: “The EPO has released the first detailed information for candidates on the arrangements for the online pre-EQE and EQE next year. Full details can be read here. The examinations are scheduled to take place the week of 1 March 2021. The online exams will be taken using the dramatically named “LockDown browser”, which candidates are being advised to log in to 20 minutes before the exam.”

“A lot of things like the “LockDown browser” are being imposed on students despite being in violation of human rights.”So the data is going to Microsoft’s next-door neighbours at Respondus, who are flirting with GDPR violations and looking for cleverly-worded excuses. A lot of things like the “LockDown browser” are being imposed on students despite being in violation of human rights. Lack of actual enforcement is a very serious problem. Laws without enforcement are toothless tigers.

We’d like to bring up an old document (2019) [PDF] in which staff representatives at the EPO named several GDPR violations. Here’s the full document for the PDF-hostile/averse folks.

EPO GDPR p1

EPO GDPR p2

EPO GDPR p3

EPO GDPR p4

EPO GDPR p5

EPO GDPR p6

Notice the part about the UPC: “In the near future the EPO might be entrusted by the EU to process patent application in the framework of the Unitary Patent. It is unlikely that member states and applicants would accept a situation in which the EPO would process personal data of EU citizens in the name of the European Union without respecting EU legislation for data protection.”

Here’s the corresponding and more concise message to EPO staff:

Data protection @ EPO, quo vadis?

Data protection guidelines at the EPO should be aligned to European regulations

[...]

New EU Data Protection Regulations

New regulations for data protection have been introduced by the EU in 2018, the General Data Protection Regulation[1] (GDPR). It safeguards EU citizen’s fundamental right to protection of their data and it is directly binding for all EU member states. However, it is not binding for the EPO.

EPO has its own data protection policies

The EPO follows its own data protection policies: the Data Protection Guidelines[2] (DPG). Staff representatives pointed numerous times to the gap between the DPG and the European regulations. Commenting on the GDPR, former VP5 Raimund Lutz stated that the EPO is very close to EU legislation, because the EPO always has applied the “highest level of data protection [...] including the nomination of an independent Data Protection Officer (DPO)”. Furthermore, a recent audit report (2017) has been cited which “has confirmed a close alignment with the GDPR legal framework.”[3]

Data protection and the Unitary Patent

In the near future the EPO might be entrusted by the EU to process patent application in the framework of the Unitary Patent. It is unlikely that member states and applicants would accept a situation in which the EPO would process personal data of EU citizens in the name of the European Union without respecting EU legislation for data protection.

EPO data protection guidelines do not meet EU standards

An independent and external legal analysis[4] in 2016 concluded that the DPG did not meet the standards of data protection laws in the EU at that time. The analysis further stated that there is a lack of independent oversight, of an effective system of checks and balances to prevent abuses, and of effective means of redress in circumstances where the rights of individuals are infringed.

Staff representation proposes to align EPO policies to EU policies

Staff representation finds that the introduction of the new European guidelines is an opportunity to re-open the discussion on data protection at the EPO: The data protection policies at the EPO can be improved in order to better protect the data of staff and applicants/users alike. The EPO used to have a long tradition to strive to comply with the highest standards in data protection[5]. The last reform in 2014 can only be seen as deterioration in this matter[6]. An alignment of its data protection guidelines to EU regulations would be a step towards a modern data protection framework and would contribute to establish the EPO as the leading patent office.

Staff representation suggests to:

The EPO policies on data protection should be aligned to the EU regulations, which present at the moment the most comprehensive and modern legislation in data protection matters.

The role of the Data Protection Officer, who is responsible for the implementation of the EPO data protection, should be enforced and its independence should be assured.

An external and independent oversight body should be appointed with the task to monitoring the application of data protection policies at the EPO.

Separate data protection policies should be defined for investigative procedures (e.g., misconduct or fraud). Its implementation should be the responsibility of a distinct Data Protection Officer nominated, e.g., by the Administrative Council.

Rules to safeguard data processing should be mended. For example, transfer of personal data to third countries and the change of purpose, e.g., using personal data for purposes for which the user has not consented to, should be tightly regulated.

[...]

[1] GDPR, link

[2] Guidelines for the protection of personal data in the European Patent Office, link

[3] VP5 announcement on Intranet, 25.05.2018, link

[4] See section 9 “Data protection framework”, Breaches of basic and fundamental rights at the EPO, Bretton Woods Law, Legal Opinion, 2016, link

[5] Data protection – Current situation in the EPO and in Europe, Gazette 15/95, 03.07.1995, page 8, link

[6] GAC/AV 4/2014, Opinion of the CSC about Data Protection Guidelines, link

It is hardly shocking that “EPO data protection guidelines do not meet EU standards” and to think they’re now subjecting people who merely take an exam to the same low (and non-complying) standards is the cherry on the cake. We await — whilst expectations are admittedly low — EU enforcement action/s. Maybe the German ministry of injustice can once again come up with a bunch of nonsense (lies) about why this is perfectly acceptable.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. [Meme] Divine Protection

    You won’t find Monopoly Tony (António Campinos) wearing a mask at the EPO because the rules of the Office do not apply to him



  2. António Campinos and the Alicante Clique (EPO Management, Appointed Based on Nepotism Despite Lack of Qualifications) Nowadays Exploiting Kids for PR Charades

    The sick old habit of exploiting kids for Public Relations (PR) and marketing purposes is all too common at the EPO (they’re constantly exploiting “the children” to associate criticism of the EPO with demeaning the young and innocent), but the management — which enjoys nepotism and immunity rather than relevant skills — carries on today and it’s being called “inaugural”



  3. [Meme] Snake on a Plane

    The EPO‘s President ‘Monopoly Tony’ (António Campinos), whom you never see wearing a mask (none of the photo ops; he does not even socially distance himself from peers, he wears sneakers instead of masks) during the height of a pandemic, is the "f***ing president"; don’t tell him to wear one…



  4. Microsoft GitHub Exposé — Part XX — Entering Phase II

    We're about to resume the long-running series about the sick clique which ran GitHub until the assault on women became too much of a liability (among other wrongdoings and PR blunders)



  5. Links 24/05/2022: Fedora 37 Test Days and Tor Browser 11.0.13

    Links for the day



  6. Microsoft Vidal, as USPTO Director, Already Plays 'Political Cards' to Disguise and Deflect Away From the Corporate Agenda

    Microsoft Vidal, another corporate pawn in charge of the world’s most dangerous patent system, is using soft-spoken defle



  7. Links 24/05/2022: WAL-G 2.0

    Links for the day



  8. IRC Proceedings: Monday, May 23, 2022

    IRC logs for Monday, May 23, 2022



  9. Unethical Advertising, Published as So-called 'Articles', in CNX Software

    As we noted earlier this year, the CNX team is looking for money in the wrong places



  10. Links 23/05/2022: Broadcom to Buy VMware?

    Links for the day



  11. LibreOffice Conference 2022, As Before, Puts the Keynotes on Sale (the Rich Buy Influence, the Price Doubles)

    Discrimination against the community; talks and mentions are based on money, not merit ($2000 has become $4000 in just one year)



  12. Links 23/05/2022: Kdenlive 22.04.1 and New Alpine Linux Released

    Links for the day



  13. António Campinos Promotes Software Patents Using Buzzwords and Sketchy Loopholes With Dubious Legal Basis

    ‘Monopoly Tony’ (António Campinos) is shamelessly manipulating EPO processes at both ends (sender and receiver) to facilitate the illegal granting of invalid European software patents; we’re meant to think this former EU official and imposter (banker) is some guru in the sciences because he reads a lousy speech crafted for him with lots of meaningless buzzwords peppered all over it (he’s not good at reading it, either)



  14. [Meme] Jorgotta Be Kidding Us, Campinos!

    Monopoly Tony (António Campinos) runs the EPO by attacking the very legal basis of the EPO’s existence



  15. Unified Patent Court (UPC) Relies Too Much on Lies and Mischief Without Any Basis in Law

    Today’s video runs through the typical (weekly) lies from Team UPC — lies that are very easy to debunk; Team UPC not only drafted the thing but also looks to profit from it while misleading politicians and bribing publishers to spread intentionally misleading statements (lies)



  16. IRC Proceedings: Sunday, May 22, 2022

    IRC logs for Sunday, May 22, 2022



  17. Links 23/05/2022: Fedora 36 Reviewed

    Links for the day



  18. [Meme] It's My Working Party... And I'll Cry If I Want to!

    EPO President António Campinos is still not being held accountable for his Code of Conduct violations



  19. Links 22/05/2022: The 5.18 Kernel is Out

    Links for the day



  20. Gemini is Bigger Than Most People Care to Realise

    Geminispace has gotten to the point where it's too computationally expensive (or outright pricey) to study, let alone keep abreast of, Gemini capsules or the domain space as a whole



  21. Links 22/05/2022: Rock64 and Peppermint OS Release

    Links for the day



  22. [Meme] UPC is Always Next Year (and Next Year It'll Surely be the Year After That)

    The UPC will come “next year”, just like every year (since almost a decade ago) just because the lunatic promises so and crushes the law, quite frankly as usual, cusioned and protected by the UPC lobby



  23. UPC: Turning Patent Lawyers Into Liars and the Media Into Their Money-Grabbing Megaphone (Platform for Fake News)

    The above 26 screenshots (with necessary annotation added) hopefully illuminate the degree of deceit, manipulation, bribery and distortion of public discourse (fake news and advocacy of patently unlawful activities)



  24. Number of Working/Online Gemini Capsules, Known to Totally Legit Gemini Search (TLGS) and to Lupa, Exceeds 2,500

    Assuming that Lupa reduced its crawling capacity (this graph seems to confirm this), we’ve decided to aggregate data from 3 sources and assess the size of Geminispace; Lupa says it can see 1,947 active capsules, but there are many more it has not kept track of



  25. [Meme] Monopoly Tony

    The gentlest, kindest president the EPO ever had



  26. It Took Campinos Three or More Years to Undo Illegal Battistelli Actions on Boards of Appeal and Strike Regulations (Only After Losing at ILO-AT!), But He Does Not Mention That

    Let’s all remember that as the EPO‘s so-called ‘President’ António Campinos (Monopoly Tony) vigorously defended completely unlawful actions of Benoît Battistelli until courts compelled him to stop doing that (Strike Regulations); notice how, in the video above — a portion of this full clip from several months ago — he did not bother mentioning that for 3.5 years that he had “led” the Office the Boards of Appeal were in exile, in direct violation of the EPC, yet nobody is being held accountable for it



  27. IRC Proceedings: Saturday, May 21, 2022

    IRC logs for Saturday, May 21, 2022



  28. Links 22/05/2022: Free Software Developments in Bratislava

    Links for the day



  29. Gemini is the Direction the Paginated Internet Should Have Taken (Not Bloated Web With JavaScript and DRM)

    An update on Gemini and why you might wish to explore it (if you aren't using it already)



  30. EPO.org Now Openly Brags About Making Illegal Patents a Welcomed Part of the Examination Guidelines

    The EPO persists in illegal, unlawful agenda; it's even finding the audacity to advertise this in the official Web site


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts