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

Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025
Slopwatch: Fake Articles, Fake Text, Fake Images, Negative Slant on "Linux"
Google News has lost its value; the signal-to-noise ratio has fallen off a cliff
Gemini Links 17/09/2025: Relax-and-Recover on Proxmox and New Smolweb File Transfer Service
Links for the day
Fact: EFF Got Corrupted by Corporate Money. Microsoft Lunduke (Political Noise): The Issue With EFF is, It Kills Babies.
Microsoft Lunduke - as usual - finds a way to make it about abortions
Pacing Publication Up a Bit
The news cycles have gotten rather light and slow
Links 17/09/2025: Power Outages, Digital Controls, and Attacks on the Mainstream Media (by Insecure and Corrupt Dictators)
Links for the day
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day
Slopwatch: Google News is Slop, Google News is Plagiarism, Google News is Dying
Google is off the rails
Links 16/09/2025: "The Censorship Alarm Is Ringing in the Wrong Direction" and ASRock Does Microsoft E.E.E. on GNU/Linux
Links for the day
Serious "Breach of Confidentiality of Personal Data" in Europe's Second-Largest Institution, the EPO
Yes, the same EPO that routinely uses "data protection" and "GDPR" as a pretext for hiding or covering up its corruption and white-collar crimes (it even uses that as an excuse for refusing to obey courts' orders)
Adrienne Rockenhaus Says Her Husband Was Arrested for Running Tor and Denied Basic Rights in the United States
the US seems to be getting "russified" in its approach towards Tor
This is What Happens When Microsoft Canonical Lets Decisions on Ubuntu be Made by a Youngster From the British Army (Where He Did Mass Surveillance)
"Is Ubuntu Compromised?"
Back Doored Windows Giving GNU/Linux a Hard Time (Under the Guise of 'Security')
Is this complication intentional? Most likely, yes
Links 16/09/2025: Science, Security, and Conflicts
Links for the day
Gemini Links 16/09/2025: Command-line Options in POSIX Shell and Introducing Acre 0.9
Links for the day
Microsoft 'Secure' Boot Versus Dual Boot With GNU/Linux
they're meant to assume everything is OK
Links 16/09/2025: While Oracle Pretends to be Rich It's Firing About 70 MySQL Workers, "Oracle's Revenge" (Faking Demand With "AI")
Links for the day
Microsoft Has Just Published a New Web Page About "Secure Boot Update Process" (Microsoft Also Admits Issues; PCs Can Stop Booting)
Why was this page issued and published only hours ago?
Microsoft Lunduke: I Spread Hate and Then I Receive Hate
Cry us a river, Microsoft Lunduke
"Use Wayland" Isn't a Bugfix for X (X11 is Still Necessary)
They tell us X is "dead" and we must all be herded into Wayland ASAP
"Disable Secure Boot and Fast Boot. Wipe and Start Over."
At least they didn't say, buy a new computer...
The Oracle Ponzi Scheme
Oracle isn't doing well, but it's nowadays fashionable to say "clown" and "hey hi" to prop up one's stock, even based on nothing at all
The New Head of OSI is an "Hey Hi" (AI) Obsessed Person
when Bryant says "AI" that doesn't mean AI
Taking Out the Battery, Opening Up Your Computer, Just Like a "Normie" Would
At this stage, any person who still says "enable Secure Boot" is misguided or persuaded by companies that sell rootkits
Slopwatch: Serial Sloppers and Slopfarms Still Infesting Google News (Fake 'Articles' About "Linux" Spreading FUD)
searching for "Linux" today yields a lot of FUD
"Governments, local authorities, schools and hospitals can lead by example by procuring only Free Software"
Crossposted from Tux Machines
Cindy Cohn Leaving the Electronic Frontier Foundation While Its Co-founder John Gilmore, Whom She Apparently Helped Oust, Will Celebrate 40 Years of the Free Software Foundation, Inc.
EFF has been busy hoarding GAFAM money, whereas the latter is where all the real activism is done
The Reach of Techrights Has Broadened
We nowadays cover a broader range of issues
"Google is Googlebombing KDE's Project Banana"
So is Google googlebombing KDE's Project Banana? You decide.
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day