Bonum Certa Men Certa

EPO and Microsoft Collude to Break the Law -- Part I (Start of Series): Enter the “Cloud of Unknowing…”

Previous parts:



Clown of the unknowing
According to Thomas Petri, Bavarian Data Protection Commissioner "nobody is really in charge" when it comes to data protection matters at the EPO



Summary: The first part of an important series; historically, EPO has always sent out aggressive lawyers to issue threats when we exposed EPO-Microsoft collusion

THIS Part I isn't the same as the introduction to Part I. This is the body of the long story, which will be told responsibly and prudently for the coming fortnight, several times per day. Without further ado, and in spite of suppression attempts, we start this series.






Back in June 2015, it was reported that the Bavarian Data Protection Commissioner, Dr Thomas Petri, and the Federal German Data Protection Commissioner, Andrea Vosshoff, had raised serious concerns about the state of data protection at the EPO.

According to the German press, Dr Petri had previously investigated the data protection framework at the EPO in the spring of 2014 following a complaint and he had come to the conclusion that it was seriously deficient.

Referring to the lack of any genuine independent oversight in data protection matters, Dr Petri stated: "It emerged that nobody was really in charge".

"An optimist might like to believe that things have surely improved since then. Unfortunately there is no evidence of this."He called for an external data protection supervisor to be assigned to the EPO because the internal inspectors were not independent enough and "in the absence of any action matters are likely to get out of hand".

An optimist might like to believe that things have surely improved since then. Unfortunately there is no evidence of this.

In the meantime the EPO seems to have just muddled along relying on its traditional "three monkeys" approach to "rebutting" external criticism of its data protection framework.

3 monkeys
The EPO's approach to "rebutting" criticism of its data protection framework: See no evil – hear no evil – speak no evil



For example, when the EU General Data Protection Regulation (GDPR) came into effect in May 2018 during the final days of the Benoît Battistelli régime, the EPO's response was to issue a self-serving communiqué (warning: epo.org link) proclaiming its commitment to "ensuring the highest level of data protection" and announcing that "a recent audit report has confirmed a close alignment with the GDPR legal framework".

"The reader is expected to take the EPO's claim at face value despite the fact that it is scarcely credible that an independent external audit could have arrived at such a conclusion."Of course no substantive information about the "recent audit report" was provided.

The reader is expected to take the EPO's claim at face value despite the fact that it is scarcely credible that an independent external audit could have arrived at such a conclusion.

If Dr Petri was of the considered opinion that the EPO's data protection framework was deficient when measured against pre-GDPR data protection standards, then it's difficult to see how the same framework which hadn't changed in the meantime could be considered meet the even more stringent data protection standards imposed by GDPR.

As a matter of fact, a report commissioned by the EPO staff union SUEPO from external legal experts in 2016 confirmed that the EPO's data protection framework was not compliant with EU data protection standards and was in urgent need of a radical overhaul.

But it's necessary to understand that we are dealing here with the logic of the "système Battistelli".

"Perish the thought that someone could be so impudent as to call for an independent audit…"If Battistelli insists that the EPO's data protection framework is GDPR-compliant, well then it has to be. Anybody who dares to question that claim had better watch out! Perish the thought that someone could be so impudent as to call for an independent audit…

And it would be a grave mistake to think that things have improved on this front following Battistelli's departure.

More recently in September 2020, the EPO published a notice on the topic of "Data privacy policy for the processing of personal data in Microsoft 365".

Once again the reader is assured:

"The protection of your privacy is of the utmost importance to the European Patent Office (EPO). We are committed to respecting and protecting your personal data and ensuring your rights as a data subject. All data of a personal nature (i.e. data that can identify you directly or indirectly) will be processed fairly, lawfully and with due care."

For good measure the well-rehearsed schtick about GDPR-compliance is trotted out:

"We strive to keep our data protection framework in line with current best practices. A recent audit report has confirmed that it is in close alignment with the EU’s General Data Protection Regulation (GDPR)."

But where is this mysterious "recent audit report"?

Is it the same one that Battistelli referred to over two years previously back in May 2018?

"But where is this mysterious "recent audit report"?"Of course you're not supposed to ask and if you have the temerity to do so, then you'd better not hold your breath waiting for an answer.

But when you peel away the PR façade, what the public notice of September 2020 does provide in terms of factual evidence is an irrefutable indication of the increasing reliance of the EPO on cloud computing services hosted by Microsoft.

In the next part we will see how this was confirmed by a recent internal communiqué from EPO Vice-President Steve Rowan (warning: epo.org link), formerly Director of Patents, Trade Marks, Designs and Tribunals at the UKIPO.

Recent Techrights' Posts

Slopwatch: Brian Fagioli, Google News, and Other LLM Slopfarms
Why does Google News keep promoting these fake articles?
Links 29/10/2025: Amazon Kept "Data Center Water Use Secret", "Abuse of Power" Against Media
Links for the day
Gemini Links 29/10/2025: "My Hardware Specs" and "Goodbye Debian…"
Links for the day
EPO Cocainegate: Feedback and Clarifications
Part III will come out soon
Links 29/10/2025: "US Military Is Destroying the Planet Beyond Imagination" and Boat Strikes Deemed Unlawful
Links for the day
Quality Comes First (Techrights Search)
It's generally working already, but we wish to polish it some more
Techrights Party Countdown
Late next week we'll be holding a party near our home
European Parliament and Council Directive on Privacy is Vanishing
"edited / censored some time more recently"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 28, 2025
IRC logs for Tuesday, October 28, 2025
Slopwatch: The March of Slopfarms, From UbuntuPIT to Linux Journal and to Various Fake Sites Still Promoted by Google News
It's so worrying to see what the Web has become
Links 29/10/2025: CISA, Ukraine, and Amazon Problems
Links for the day
[Teaser] The EPO's Spokesperson, a Cocaine User, Fancies Young Women
How's that for "optics" in the EU and Europe's second-largest institution?
How Will António Campinos Respond to the EPO's 'Cocainegate'?
That's the same thing we saw and still see when the press deals with enablers and partners of Jeffrey Epstein
Join Us Now and Share the News - Part IV: There Cannot be Free Software Without Free Press and Free Information
One day, one can hope, more people will recognise that for Software Freedom we need free press and free thinkers
Join Us Now and Share the News - Part III: Principled Stance Is Never Cheap
Protecting the truth and insisting that the general public is made aware of things that really happened isn't cheap
Join Us Now and Share the News - Part II: Because Scarcity of Accurate Information Breeds Collective Ignorance
we too will strive to share information that's aggressively suppressed
Gemini Links 28/10/2025: More New Arrivals at Geminispace, xkcd on "Document Forgery"
Links for the day
Join Us Now and Share the News - Part I: Defence of the Truth
This year we make a very strong, firm statement for truth, even if that means explaining our work to the top media judge in the country
Links 28/10/2025: Meta and Fentanylware (CheeTok) Age-Restricted Down Under, "Britain Needs China’s Money"
Links for the day
Links 28/10/2025: Mass Layoffs at Amazon and Charter to Cut 1,200 Jobs
Links for the day
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Parties and Milestones Again
we've begun putting up about 40 balloons
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete