Bonum Certa Men Certa

EPOLeaks on Misleading the Bundestag -- Part 17: Jawohl, Herr Minister!

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. EPOLeaks on Misleading the Bundestag -- Part 16: An Inimitable Duo
  18. You are here ☞ Jawohl, Herr Minister!


Raimund Lutz, Heiko Maas and Christoph Ernst



Summary: A French-German co-production of "Yes, Minister!" starring Raimund Lutz, Heiko Maas and Christoph Ernst. Directed by Benoît Battistelli.

As we have seen, the matter of the EPO's deficient data protection framework was placed on the agenda [PDF] of the Legal Affairs Committee of the Bundestag at its meeting scheduled for 14 October 2015.



"All that remained for Ernst to do was to work the usual EPOnian “copypasta”..."In preparation for this meeting, Christoph Ernst was tasked with drafting the Justice Ministry's submission to the Legal Affairs Committee.

As explained in the last part, Ernst was assisted in this task by his mentor, Raimund Lutz, EPO Vice-President (and former official of the Justice Ministry), who provided his protégé with a carefully formulated statement of the EPO's position.

All that remained for Ernst to do was to work the usual EPOnian "copypasta" magic and serve up the result [PDF] in the form of a Memorandum ("Informationsvermerk") for the Legal Affairs Committee.

Informationsvermerk
Ernst prepared the Justice Ministry's Memorandum for the Legal Affairs Committee of the Bundestag using the usual EPOnian "copypasta" skills.



In his Memorandum to the Legal Affairs Committee, Ernst parroted the old EPOnian myth about the "close alignment" between the EPO's data protection framework and European data protection law.

"In his Memorandum to the Legal Affairs Committee, Ernst parroted the old EPOnian myth about the "close alignment" between the EPO's data protection framework and European data protection law."The Committee was informed about the EPO's "relatively high standard of data protection compared to other international organizations" – as if that could be considered a source of comfort!

Ernst also took pains to point out that the establishment of independent external supervision, for example by the European Data Protection Supervisor, would impinge on "the institutional foundations of the EPO" and would require an amendment to the European Patent Convention.

This would in turn necessitate a diplomatic conference of the contracting states which meant that the change desired by the BfDl "could not be implemented easily or quickly".

When it came to the controversial issue of covert surveillance, Ernst carefully followed the cues provided by Lutz and informed the Committee that "according to the internal law of the EPO, the computer surveillance was lawful and proportionate and did not violate the rights of the person concerned".

In any case - so the Committee was told - there was no need for concern because anybody who considered that their rights had been violated would have adequate access to "legal protection" via the EPO's data protection officer – aptly described by Florian Müller of FOSS Patents as a "dictator's minion" - and via the organisation's notoriously dysfunctional internal appeal procedures.

Based on these considerations, the Legal Affairs Committee of the Bundestag was informed of the BMJV's opinion that "a regulatory gap is not considered to exist".

"When it came to the controversial issue of covert surveillance, Ernst carefully followed the cues provided by Lutz..."Finally, Ernst assured the Committee that "the Justice Ministry will continue - both within and outside the Administrative Council - to ensure compliance with high data protection standards".

For good measure, the Memorandum concludes with another generous serving of humbug about the "Current social situation at the EPO".

Ernst explained here that "[t]he BMJV is actively working to improve the situation at the EPO and has been instrumental in initiating a renewal of the social dialogue in the Administrative Council, which is to take the form of a trialogue between the EPO President, the staff unions and representatives of the Administrative Council" and he emphasised that "the BMJV conducts many background discussions with all sides and is continuously striving for a fresh start".

All of this neatly skirts around the elephant in the room, namely that the underlying cause of the social conflict at the EPO was the failure of the Administrative Council - under Ernst's stewardship - to enforce its authority over the rogue Office President, the latter-day Corsican despot Battistelli.

It seems that Ernst's "copypasta" Memorandum was enough to persuade the honourable members of the Legal Affairs Committee that everything was fine and dandy in the fairytale land of EPOnia and that there was no need for further action on their part.

The members of the Committee were also told in no uncertain terms that - even if they were inclined to pursue the matter further - the change desired by the BfDl would require a diplomatic conference and for this reason "could not be implemented easily or quickly".

And so it was that - with the aid and assistance of the head of the EPO's Directorate of Legal and International Affairs - Christoph Ernst managed to head Ms Voßhoff and her posse off at the pass, thereby averting the "doomsday scenario" of a public exposure of the deficiencies in the organisation's data protection framework.

"All of this neatly skirts around the elephant in the room, namely that the underlying cause of the social conflict at the EPO was the failure of the Administrative Council - under Ernst's stewardship - to enforce its authority over the rogue Office President, the latter-day Corsican despot Battistelli."To the great relief of Team Battistelli the impending threat of external "interference" in the affairs of the autonomous fiefdom of EPOnia had been successfully neutralised and the spectre of a diplomatic conference was banished for the foreseeable future.

Of course no other outcome could have realistically been expected, given that the German Justice Minister at the time in question was Heiko Maas.

In the next part we shall take a closer look at Justice Minister Maas and his relationship with the EPO during the Battistelli era.

Recent Techrights' Posts

Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims of says can be trusted
 
Links 03/10/2025: Lawyers Caught Using LLM Slop Explain Why They Did It, LibreSSL 4.1.1 and 4.0.1 Released
Links for the day
FSF Board Grew 50% Since Last Year, Has New President, Turns 40 in Two Days
It's a good move for the FSF and - by extension - for software freedom
Links 03/10/2025: Conflicts, Death of TypePad, and TikTok/CheeTok Gives a Boost to Far Right Groups in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 02, 2025
IRC logs for Thursday, October 02, 2025
Slopwatch: Linux Journal, Google News, and LinuxSecurity
They carry on polluting the Web with fake articles
Gemini Links 02/10/2025: Kubernetes With FreeBSD and robots.txt
Links for the day
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day
Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October