Bonum Certa Men Certa

EPOLeaks on Misleading the Bundestag -- Part 16: An Inimitable Duo

Series index:

  1. The EPO Bundestagate -- Part 1: How the Bundestag Was (and Continues to be) Misled About EPO Affairs
  2. The EPO Bundestagate -- Part 2: Lack of Parliamentary Oversight, Many Questions and Few Answers…
  3. The EPO Bundestagate -- Part 3: A “Minor Interpellation” in the German Bundestag
  4. The EPO Bundestagate -- Part 4: Parroting the GDPR-Compliance Myth
  5. The EPO Bundestagate -- Part 5: The Federal Eagle's Disconcerting Metamorphosis
  6. EPOLeaks on Misleading the Bundestag -- Part 6: Dr Petri Starts the Ball Rolling…
  7. EPOLeaks on Misleading the Bundestag -- Part 7: Ms Voßhoff Alerts the Bundestag…
  8. EPOLeaks on Misleading the Bundestag -- Part 8: The EPO's Tweedledum, Raimund Lutz
  9. EPOLeaks on Misleading the Bundestag -- Part 9: A Veritable Virtuoso of Legal Sophistry
  10. EPOLeaks on Misleading the Bundestag -- Part 10: A Faithful Lapdog Despised and Reviled by EPO Staff
  11. EPOLeaks on Misleading the Bundestag — Appendix (Benoît Battistelli's Vichy Syndrome): Georges Henri Léon Battistelli and Charles Robert Battistelli
  12. EPOLeaks on Misleading the Bundestag -- Part 11: The BMJV's Tweedledee: Dr Christoph Ernst
  13. EPOLeaks on Misleading the Bundestag -- Part 12: A Worthy Successor to His Mentor?
  14. EPOLeaks on Misleading the Bundestag -- Part 13: The Failed Promise of a “Good Governance” Guru…
  15. EPOLeaks on Misleading the Bundestag -- Part 14: The Notorious Revolving Door
  16. EPOLeaks on Misleading the Bundestag -- Part 15: Different Strokes for Different Folks
  17. You are here ☞ An Inimitable Duo


BfDI Alice



Summary: How the efforts to reform the EPO's data protection framework were derailed by the actions of Lutz and Ernst

IN the last part we concluded our long and winding detour to examine the respective roles of Lutz and Ernst in EPO affairs over the last two decades.



Now it's time to return to the main focus of the present series, namely: how the efforts of the Federal Data Protection Commissioner to push for a reform of the EPO's data protection framework were derailed by the actions of this inimitable Tweedledum-Tweedledee duo.

"Dr Ernst proceeded to fire off a letter to the EPO's Directorate of Legal and International Affairs, headed by none other than former Federal Justice Ministry official, Raimund Lutz."As we saw in an earlier part of the series, the Federal Data Protection Commissioner, Ms Andrea Voßhoff, sent a letter to the Legal Affairs Committee of the Bundestag in July 2015 in which she expressed her concerns about deficiencies in the EPO's data protection framework, in particular the lack of independent supervisory oversight.

The Legal Affairs Committee of the Bundestag placed the matter on its agenda for a meeting scheduled to take place on 14 October 2015. At the same time the Federal Government was invited to provide a statement of its position to the Legal Affairs Committee.

In accordance with standard procedures the matter was passed on to the competent government department, namely the Federal Ministry for Justice and Consumer Protection (BMJV) which is responsible for all matters relating to the EPO.

And so it came to pass that the file landed on the desk of a "Ministerialdirigent" by the name of Dr Christoph Ernst.

Dr Ernst proceeded to fire off a letter to the EPO's Directorate of Legal and International Affairs, headed by none other than former Federal Justice Ministry official, Raimund Lutz.

In his letter to Lutz dated 20 July 2015 [PDF], Ernst noted that Ms Voßhoff had addressed the Legal Affairs Committee of the Bundestag and had reiterated the demand for the establishment of an external data protection supervisory authority over the European Patent Office, referring to "the case of computer surveillance by means of keyloggers and video cameras recently mentioned in the press".

Ernst then made a request for assistance from the EPO:

In preparation for the discussion in the Legal Committee [of the Bundestag], it would nevertheless be very helpful if the BMJV had a written statement from the European Patent Office at its disposal.

I would therefore ask you to comment on Ms Voßhoff's letter of 9 July 2015. In particular, I would ask you to explain to me once again in detail the data protection standards applicable at the EPO, the cooperation with the European Data Protection Supervisor and the events in connection with the computer monitoring mentioned above, and their legal assessment under the law applicable to the EPO.


It took some time for Lutz to get back to Ernst but on 2 October 2015 he sent the EPO's response to the BMJV. [PDF]

This response is full of the usual self-serving waffle and pious platitudes about how the EPO's data protection framework is "closely aligned" with EU data protection regulations, for example:

The EPO is proud of its long history of data protection. We are one of the first international organisations to have actively pursued data protection, having enacted the first data protection guidelines back in 1992. This policy was revised in 2014 and adapted to current standards of data protection. It is based on generally accepted European legislation, first and foremost Directive 95/46/EC and Regulation 2001/45/EC, which contain all the elements of modern data protection, from the basic principles of data protection to the rights of an individual vis-à-vis the data-processing institution.


When addressing the allegations of unlawful covert surveillance by Battistelli's "Investigative Unit", Lutz adopted a more defensive tone and declined to comment on the specifics:

As far as the specific case is concerned, I ask you to understand that the EPO cannot comment in this context on ongoing disciplinary proceedings of the Administrative Council, but I would like to point out that press articles based on an isolated letter do not provide a reliable basis for assessing our data protection.


The letter continues with further cant and humbug about the EPO's "conscientious" approach to data protection and the same old phony assurance that "its rules meet European data protection standards".

Lutz concludes by expressing his gratitude for the support given to the EPO by BMJV via "the letter from the State Secretary Ms Hubig to the Data Protection Commissioner of 7 November 2014".

As might be expected, the correspondence between the "Ministerialdirigent" Dr Ernst and EPO Vice-President Lutz is worded in an official and formal style.

However, it is apparent from the much more personal tone of the cover e-mail of 20 July 2015 [PDF] which Ernst sent to Lutz that these two gentlemen were on very familiar terms with each other.

The text of this e-mail reads as follows (in translation):

Dear Raimund

Here is an advance copy of the announced communication per e-mail.

Cordial greetings

Christoph


Here we can see that Ernst addresses Lutz by his given name rather than using the more formal "Sehr geehrter Hr Lutz". The e-mail concludes with "Herzliche Grüße" ("cordial greetings") rather than with the more impersonal salutation - "Mit freundlichen Grüßen" - which is found in the official correspondence.

With his letter of 2 October 2015, Lutz provided Ernst with the material that he needed to prepare his submission for the Legal Affairs Committee in a manner that would neutralise the impending threat of parliamentary "interference" in EPO affairs.

In the next part we will explain how Ernst used "copypasta" magic to ward off the evil spirit of the Federal Data Protection Commissioner who was threatening to encroach upon the inviolability of Battistelli's EPOnian fiefdom.

Recent Techrights' Posts

Brett Wilson LLP Has Track Record in Scam Coin Cases (e.g. Craig Wright and More), Now It Works for 'Crypto' Scam Purveyors
But wait, it gets worse
Will Brett Wilson LLP Handle Its Own Winding Up Petition or be Struck Off for Overt Abuse of Process?
Today we sue not only the first Microsofter
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Sharing Code and Recipes
It helps explain the triviality of software freedom
How Many Women Has Microsoft's Alex Balabhadra Graveley Already Strangled and Where Does That End?
If you too are a victim of this man and wish to share information, contact us
"We Might Save Somebody's Life"
I follow the example of my father
Gemini Links 16/07/2025: Tmux and OCC25 Working TLS
Links for the day
 
Under the Guise of "MIT Technology Review Insights" the Site MIT Technology Review Posts Corporate Spam as 'Articles'
Some of the articles aren't even articles but 'hit pieces' against Free software and some are paid advertisements
Exclusive: corruption in Tribunals, Greffiers, from protection rackets to cat whisperers
Reprinted with permission from Daniel Pocock
Links 16/07/2025: Chip Bans and Microsoft’s “Digital Escort” Program
Links for the day
Revolving Doors: One Day You're a Judge, the Next Day You're an Attorney Paying Public Officials and Working for Violent and Dangerous Microsoft Employees
how the US justice system works
Slopwatch: Noise, Plagiarism and Even Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
What are we meant to do to prevent a false association or misleading connotations? Game the LLMs? No. Boycott slopfarms.
Gemini Links 16/07/2025: BaseLibre Numerical System and Simple Web Browsing with TLS
Links for the day
Links 16/07/2025: Fascist Slop Takes "Intelligence" Clothing, New Criminal Case Against MElon
Links for the day
Why I am Suing the Serial Strangler From Microsoft, Alex Balabhadra Graveley, in the UK High Court This Week
Out of respect to the process and to the Court, I shall not share any pertinent details about the case
Links 16/07/2025: China’s Economy Grows Steadily, France Takes Action Regarding Harm to Children by GAFAM and Fentanylware (TikTok)
Links for the day
It is Not About Politics
Beware the people who try to make this about politics
Good Journalism Saves Lives
a shocking number of women die or get seriously hurt every day due to violence from a partner
Recognition of Women's Contributions to Free Software
Being passive is not an option when bad things are happening
Slopfarms Are Going to Perish Because Public Opinion is Changing
Many slopfarms will simply go offline
19 Years of Standing Up for Justice, Equality, and Truth
This week we shall take it up a notch
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 15, 2025
IRC logs for Tuesday, July 15, 2025
Links 15/07/2025: LLM Pollution and Pushback in Ukraine
Links for the day
Gemini Links 15/07/2025: xkcd, New Cert, and Alhena Gemlog
Links for the day
Links 15/07/2025: Press Freedom at Risk and New Facebook Blunders
Links for the day
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Gemini Links 15/07/2025: Smolweb and Alhena 5.1.7
Links for the day
The Danes Want GNU/Linux
David Heinemeier Hansson recently moved to GNU/Linux
Cory Doctorow Explains Why Software Freedom Matters, Whereas "Open Source" Misses the Point and Helps Monopolies
It's a very long article
BillPR (EpsteinGate-Bribed NPR) is Turning Into a Partial Slopfarm that Promotes Slop
"I went on a date with a chatbot!"
Two Weeks Passed Since Latest Large Wave of Microsoft Layoffs, More Expected Next Month
Blaming the debt on "AI" is just self-serving storytelling
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day
Coming Soon: Another OSI Scandal, This One Implicating Molly de Blanc
OSI has been fairly quiet lately
Outreachy & Debian pregnancy cluster, Meike Reichle evidence
Reprinted with permission from Daniel Pocock
Again, "Lunduke is Actually Sending His Audience to Attack People"
Microsoft Lunduke is not trying to "protect" Linux
XBox is Rapidly Turned Into a Slopfarm by Microsoft
Slop isn't about efficiency and saving money
One of the Most Hilarious Things About the Microsoft SLAPPs
It's so ridiculous
Financial Support for the Free Software Foundation or the GNU Project
The FSF has extended until Friday its fund-raising campaign
Illegally Hiding (or Demanding Secrecy Around) Illegal Requests or Attempts at Extortion
unlawful communications like threats
Microsoft's Halloween Documents and systemd, Wayland, Etc.
Maybe one day Wayland will be widespread. Or maybe not.
Gemini Links 14/07/2025: BOFH Archive, Updating Old Palm PDAS, and Nginx vs Slop Bots
Links for the day
Ubuntu is Becoming GAFAM-Like
What does that say about Canonical and Ubuntu?
Slopfarms Which Take Real Articles About GNU/Linux and Turn Them Into Copycats Which Are False
Even before the LLM hype those were quite common
The Firm That Picks on Techrights is Accustomed to Working With Criminals
Techrights never did anything illegal. So why is it being picked on by people who work with criminals?
Microsoft Said the Mass Layoffs Were for "Investment" in "AI", But It's Also Laying Off the "AI" and "Copilot" Staff
Months ago we showed many so-called "AI" people were getting the boot and this time it's the same
DryDeadFish is Dead, Long Live DryDeadFish
We kept checking, hoping it can recover from some temporary technical issue
For Quite Some Time Already Microsoft Attracts Crackpots, Scams, and More
Occasionally we talk about the situation at IBM as there are many parallels
Links 14/07/2025: Chatbots Broken Again, McHire LLM Shows Limits of the Hype
Links for the day
Changing One's Name Won't Change One's Past
People who have earned a bad reputation are not magically "entitled" to reset
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
Slashdot Media Turned Linux Journal Into a Slopfarm and Now Slashdot Actively Promotes Anti-Linux Slopfarms
Yes, "no-nonsense" apparently means actual nonsense
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day