Bonum Certa Men Certa

EPOLeaks on Misleading the Bundestag -- Part 7: Ms Voßhoff Alerts the Bundestag…

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. You are here ☞ Ms Voßhoff Alerts the Bundestag…


Federal Data Protection Commissioner



Summary: In July 2015, the Federal Data Protection Commissioner notified the Bundestag of her concerns

As is well known, the EPO made headlines in Germany in June 2015 following revelations about covert surveillance conducted by the Benoît Battistelli's notorious "Investigative Unit" which was reported to have deployed hidden cameras and key loggers in a manner that would have been illegal under EU and national data protection law in Germany.



Media reports about the EPO spy-scandal persuaded Ms Voßhoff to dust off the EPO file and renew her efforts to have this rogue organisation called to account by the Federal German authorities.

"Media reports about the EPO spy-scandal persuaded Ms Voßhoff to dust off the EPO file and renew her efforts to have this rogue organisation called to account by the Federal German authorities."In July 2015, Ms Voßhoff proceeded to write to Ms Renate Kunast, the Chairperson of the Legal Affairs Committee of the German Federal Parliament (the "Bundestag") to bring her concerns to the attention of German parliamentarians.

The text of Ms Voßhoff's letter [PDF] reads as follows (in translation):

I was made aware of the issue of the lack of independent external data protection supervision of the European Patent Office (EPO) by the Bavarian State Commissioner for Data Protection.

My efforts to improve data protection supervision at the EPO have so far been have so far been unsuccessful.

I would therefore like to draw the attention of the German Bundestag to the problem.

The European Patent Office is an organ of the European Patent Organisation (EPO) established by the European Patent Convention (EPC) and endowed with legal personality. It is therefore a supranational institution based on an international treaty with its headquarters in Munich and offices in The Hague, Berlin, Vienna and Brussels. Vienna and Brussels with about 6,800 employees. The contracting states are 38 European countries, including all EU member states.

The legal nature of the EPO means that there is no data protection supervision by an independent external body. Neither the Bavarian State Commissioner for Data Protection nor I can derive any competence from state or federal data protection law. The EPO is neither a public body of the State of Bavaria nor of the Federal Republic of Germany. The European Data Protection Supervisor is also ruled out as an independent supervisory body, as the EPO is neither an institution nor a body of the European Union.

Even if, according to the EPO's internal data protection officer, internal data protection regulations have been in place at the EPO since 1992, in particular based on the Data Protection Directive 95/46 EC, a lack of independent external data protection supervision is also taken as given from the EPO perspective.

In the interest of safeguarding the data protection rights of those affected, I have contacted the responsible Federal Ministry of Justice and Consumer Protection (BMJV) with the request to examine measures to close this supervisory and oversight gap, for example by means of a corresponding amendment to the EPC.

The BMJV has not yet taken up this suggestion. It refers to the necessity of a diplomatic conference of all 38 contracting states of the EPC for such an institutional reform of the EPC. This time-consuming procedure would not permit an amendment in the short term.

However, the Federal Ministry of Justice gives an assurance that it will continue to advocate, within the scope of its possibilities, compliance with and further development of high data protection standards and an independent data protection structure in its committee work within the EPO.

Although I have some understanding for the BMJV's position, the permanent absence of an independent external supervisory authority for data protection matters nevertheless poses a risk - that should not be underestimated - to the fundamental right to informational self-determination of the persons concerned given the processing of a large amount of personal data of applicants and staff at the EPO.

This risk is rendered apparent by a case that has now received press coverage. In an article dated 8 June 2015 (see attachment), the Süddeutsche Zeitung reported allegations that two publicly accessible computers at the EPO were placed under surveillance with so-called keyloggers and video cameras without the persons concerned being informed. Due to the current legal situation, no independent data protection supervisory authority can investigate these allegations.

Moreover, those potentially affected, in particular members of the Administrative Council, patent attorneys, employees and visitors to the EPO, lack any possibility of turning to an independent body capable of enforcing their rights to informational self-determination.

In view of the prevailing factual and legal situation, I would be grateful if the Legal Affairs Committee would address the issue in a supportive manner.



The Legal Affairs Committee of the Bundestag reacted to Ms Voßhoff's letter by placing the matter on its agenda for a meeting scheduled to take place in October 2015 [PDF].

It seemed that the Legal Affairs Committee was gearing up to investigate the worrying "supervisory and oversight gap" identified by Ms Voßhoff.

"As far as can be determined from the available evidence, the authors of this intrigue were the duplicitous Tweedledum and Tweedledee duo of the EPO‑Federal Justice Ministry nexus, Raimund Lutz and Christoph Ernst."However, as we shall see in due course, Ms Voßhoff's efforts to have the deficiencies in the EPO's data protection framework subjected to meaningful parliamentary scrutiny were derailed by what appears to have been a nefarious behind-the-scenes intrigue.

As far as can be determined from the available evidence, the authors of this intrigue were the duplicitous Tweedledum and Tweedledee duo of the EPO‑Federal Justice Ministry nexus, Raimund Lutz and Christoph Ernst.

Before delving into the details of the intrigue which derailed Ms Voßhoff's initiative, we will make a detour to look more closely at these two individuals and their respective roles in EPO affairs over the last two decades.

Recent Techrights' Posts

[Meme] Unconstitutional Proceedings in Foreign Languages for the Benefit of Corporations Outside Europe
Why does the UPC even exist?
EPO: Language of Conflict
A letter about this has already seen sent
Links 13/05/2024: Wikimedia Rides Hype Wave, XBox Expected to Go Through More Layoffs This Summer (July)
Links for the day
When Lunatics Attack Your Family (Especially Women)
The attacks on my wife and my mom are rather revealing. These are acts of extreme misogyny.
Linux is Released Too Often, Tested Insufficiently (Same as Chromium, Firefox, and Systemd)
Driven by schedule, not quality (objective criterion)
 
Links 13/05/2024: Clown Computing Failing Again, Navalny Posthumously Awarded Prize
Links for the day
FSF-EEE (FSFE) and Microsoft, or How Microsoft Keeps Paying the Fake 'FSF Europe'
The FSF-EEE is not even authorised to use the name FSFE
Android Rises to 59% Market Share in Hungary, Windows Falls to All-Time Low
GNU/Linux in Hungary Reaches 3.5%
Approaching Our 3,000th Post (After Moving to a Static Site Generator Back in September)
the main purpose is to enable people to catch up
[Video] The Microsoft Crisis Isn't Over (More Mass Layoffs Planned)
We saw many attempts at suppressing information lately
Don’t Use Disney Minus. (Disney “Plus”)
Reprinted with permission from Ryan Farmer
Gemini Links 13/05/2024: Kingdom of the Dead and Narrative Adventure Game Gem
Links for the day
Visually Enhanced Interviews With ESR and RMS on Free Software (With French)
Nom de code - Linux
IRC Proceedings: Sunday, May 12, 2024
IRC logs for Sunday, May 12, 2024
Over at Tux Machines...
GNU/Linux news for the past day
GNU/Linux Rises to Record High in Macao
iOS and Android are very big there
Debian: Let's Pretend We Never Knew Daniel Pocock
Ad hominem is what happens when the message is hard to dispute
DPL Sam Hartman proves blackmail is alive and well in Debian
Reprinted with permission from disguised.work
What is a safe space?
Reprinted with permission from the Free Software Fellowship
Does Debian deserve an independent news service?
Reprinted with permission from disguised.work
Linux.com So Neglected If Not Abandoned That It Promotes Deals That Expired 4 Weeks Ago
Quite some "stewardship" by the Linux Foundation
The Fall of Meritocracy in Tech
nuff said
Microsoft Has Lost Malta
Android has caught up
In Asia, Baidu Has Become Bigger Than Bing and Yandex is Getting There Too
XBox and Bing are going through existential crises
"Having IBM Next to Your Name is a Scarlet Letter"
IBM staff just motivated not to work
Techrights Browsing Made Easier
a draft for discussion
Links 12/05/2024: XBox Founders Say Microsoft Lost Its Identity
Links for the day
Gemini Links 12/05/2024: Enshitification and Mind Maps
Links for the day
Aside From Red Hat Spam and Partisan Media There's a Lingering Rumour of Layoffs
Some rumour said IBM had second thoughts about a WARN notice and delayed that a bit
The Albanian open source community is very healthy indeed
Windows nosedives from 99.1% to a lot less
When I discovered people trafficking in open source software
Reprinted with permission from Daniel Pocock
Web Sites Hijacked by WIPO on Behalf of Microsoft-Sponsored SPI (and People Looking to Hide Embarrassing Facts)
debian.chat; debiancommunity.org; debian.day; debian.family; debian.finance; debian.giving; debiangnulinux.org; debian.guide; debian.news; debian.plus; debianproject.community; debianproject.org; debian.team; debian.video
Julian Assange on Privacy of People, Even Little Children
Facebook/Google (or GAFAM, an acronym I coined with Assange) knows you better than your mom knows you
[Meme] Miscomprehension of GDPR
Social control in general is a ticking timebomb
In Haiti, the Market Share of Windows Collapsed (From 97% to 27% on Desktops/Laptops)
A couple of months ago Windows was measured at 3.04%
In Most Countries It's Still Possible Not to Have a 'Smartphone' and to Pay for Nearly Everything With Cash
Withdrawing money will be possible as long as enough people use many ATMs (cash machines)
Expect Lots of Material From Daniel Pocock as Election Day Nears
The experiences of Daniel Pocock were an excellent example of reprisal or retribution against either whistleblowers or people who give a voice to whistleblowers
I've Been Promoting Free Software for Over 25 Years
I wrote my first computer program when I was about 14, maybe a little younger (I have visual memory of it)
Reminder: Richard Stallman's Talk is This Week in Paris (and in French)
Defending rms isn't the same as defending everything he has ever said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 11, 2024
IRC logs for Saturday, May 11, 2024
Online Bullying (Trying to Make People Unhappy)
Narcissists and bullies behind mice and keyboards, no honesty or fact-checking required
Talk About Software Freedom
"Linux" and "BSD" may mean a lot to more and more people, but they're still just brands or acronyms
Windows in South Korea: From 98.5% in 2010 to About 30% (Android Rises to Almost 50%)
Samsung ships like a million Linux devices per day
Improving Site Navigation for Easier Discovery and Catch-ups
This site is run by code we wrote ourselves
LibrePlanet 2024 Recordings
Let's hope independent recordings by viewers can help recovery of "lost talks" (recordings)
GNU/Linux Reaches 11% Market Share in the United States Of America - an All-Time High
The United States Of America is where the operating system started (Boston) and where Linus Torvalds works (Portland)
[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Links 11/05/2024: XBox Crisis, Spotify Exodus Continues
Links for the day
Gemini Links 11/05/2024: Why to Delete GitHub
Links for the day
In Europe, Bing Fell Every Month This Year, Lost a Considerable Share Since "Bing Chat" and All the Chatbot Hype
Microsoft's Bing has had many layoffs lately
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year