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

FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
 
Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day