Bonum Certa Men Certa

The EPO Bundestagate -- Part 4: Parroting the GDPR-Compliance Myth

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. You are here ☞ Parroting the GDPR-Compliance Myth


EPO's GDPR-Compliance Myth
What could possibly have led the German government to parrot the EPO's bogus and self-serving claims about GDPR-compliance?



Summary: The EPO had been in violation of GDPR (EU) for years, both under Benoît Battistelli and António Campinos; but the lies persisted

Back in October 2019, the FDP submitted another "minor interpellation" entitled "Data protection in relation to cooperation with the EPO" ("Datenschutz bei EPA-Zusammenarbeit" - Bundestag Printed Paper [PDF] no. 19/14490).



This interpellation contained a series of questions relating to the EPO's data protection framework, in particular in the context of data exchanges with national authorities such as the German Patent & Trademark Office.

"This interpellation contained a series of questions relating to the EPO's data protection framework, in particular in the context of data exchanges with national authorities such as the German Patent & Trademark Office."Under point 7. of the interpellation, the FDP explicitly raised the issue of the compliance of the EPO's data protection framework with the GDPR (which had entered into force over a year previously in May 2018).

The relevant passage of the interpellation reads as follows (in translation):

According to the knowledge of the Federal Government, is data processing at the EPO compliant with the provisions of the GDPR, or does it have any indications that would suggest a deviation from GDPR regulations?


The response of the Federal Government was published on 12 November 2019 (Bundestag Printed Paper [PDF] no. 19/15072).

The passage of the response which addresses point 7. of the FDP's interpellation reads as follows (in translation):

The Federal Government has no indication that the EPO does not comply with the provisions of the European data protection standards. The Board of Auditors of the European Patent Organisation, which is appointed by the Administrative Council under Article 49(1) EPC and carries out its activities in accordance with Articles 49 and 50 EPC and its Rules of Procedure and professional auditing standards, stated the following in its audit report for the financial year 2018 (document CA/20/19) (warning: epo.org link). Although the EPO, as an international organization, is not directly subject to EU rules, the basic principles of the GDPR have nevertheless been implemented, as data of European citizens are processed at the EPO. In addition, it was noted that for the sake of transparency, the EPO has already established a data protection register in the past to record all processing of personal data. Upon request, the information can be made available (publicly) to the data subject, thus ensuring the right to information.


The government's response is another classic piece of hand-waving and obfuscation about the atrociously deficient state of the EPO's data protection framework.

It is however worth looking at this response more closely because it seems to have come straight from the EPO's internal "echo chamber". There is very little evidence of any independent thought or research on the part of those responsible for drafting the government's statement of its position.

"It seems that the reader is supposed to accept these assertions on "blind faith"."What is particularly noteworthy is the fact that the German government appears to rely solely on the EPO's internal audit report for the financial year 2018 (CA/20/19) (warning: epo.org link) as the basis for its "considered opinion" that the EPO's data protection framework is GDPR-compliant.

There's just one small problem here.

Neither CA/20/19 nor any other internal "audit report" from the EPO contains a meaningful substantive assessment of the organisation's data protection framework and its purported compliance with GDPR standards.

The available audit reports from the EPO (CA/20/18, CA/20/19, CA/20/20) (warning: all are epo.org links) only contain cursory self-serving assertions to the effect that the organisation's data protection framework is "relatively closely aligned" with EU data processing regulations - whatever that is supposed to mean.

What is conspicuously absent is a credible independent audit of the EPO's data protection framework that could be considered to substantiate the self-serving assertions emanating from the EPO's senior management.

It seems that the reader is supposed to accept these assertions on "blind faith".

"For this reason it's a bit disconcerting to see the Federal Government of Germany still parroting the EPO's manifestly bogus and self-serving assertions about GDPR-compliance in such a naïve and uncritical manner in November 2019."However, this becomes difficult when it is recalled that back in 2016 the EPO staff union (SUEPO) commissioned a report about various aspects of EPO governance from external legal experts.

This report dated 31 May 2016 - which is publicly available - found that the EPO's data protection framework was not compliant with EU data protection standards and that it was in urgent need of a radical overhaul.

Nothing of substance has changed since May 2016.

For this reason it's a bit disconcerting to see the Federal Government of Germany still parroting the EPO's manifestly bogus and self-serving assertions about GDPR-compliance in such a naïve and uncritical manner in November 2019.

In the next part we will consider how this curious state of affairs came about.

Recent Techrights' Posts

Microsoft GitHub: A Hair Salon Where You Get Awards for Nothing (NFT Vanity)
People aren't defined by some private (proprietary) database and Microsoft does not universally "score" developers
On Character Assassination Tactics
The people who leverage these dirty politics typically champion projection tactics
United States Entering the $100 Trillion Debt Trap, We Compare GAFAM Debt
Google's debt is about 6 times less than Amazon's
Software Freedom Conservancy (SFC), Inc. vs. Vizio, Inc. Is Costing the Free Software Foundation Money
FSF subpoena and deposition
 
Southern Asia is All Android (Majority) Now
It's looking better (almost) every month
Windows Already Down to 1% "Market Share" in Some Countries
it is a dying breed
Tesla Has Become a Ponzi Scheme or a 'Meme Stock'
They tell us Tesla is "worth" almost twice as much as a company that sold about 30 times more cars
For People at Red Hat "Job is at Risk"
Red Hat is consulting some notorious firms to implement cuts
Linux.com Became Mostly Dead, de Facto Marketing Site of "Linux" Foundation Products (Unrelated to Linux)
what has happened to the authoritative domain Linux.com
In Europe, Android is Bigger Than Windows (Android Now Measured at 45.1% Worldwide)
Right now in statCounter...
Links 06/05/2024: Al Jazeera Raided, Wildfire Season Coming
Links for the day
Links 06/05/2024: Scams and Politics
Links for the day
Gemini Links 06/05/2024: Reading and Computers
Links for the day
GitLab's Losses Grew From $172,311,000 to $424,174,000 Per Annum
Letting this company have control over your (or your company's) development/code forge may cost you a lot in the future
statCounter's Latest: Android Bouncing to New All-Time Highs, Windows Down to Unprecedented Lows
Android rising
Can't Bear the Thought We're Happy and Productive
If someone is now harassing online friends, attacking the wife, attacking my family (not just attacking and defaming people I know online) there are legal ramifications
IRC Proceedings: Sunday, May 05, 2024
IRC logs for Sunday, May 05, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Erinn Clark & Debian: Justice or another Open Source vendetta?
Reprinted with permission from disguised.work
Death of Michael Anthony Bordlee, New Orleans, Louisiana
Reprinted with permission from disguised.work
The Revolution Continues
Today we've published over 20 pages and tomorrow we expect more or less the same
Death of Dr Alex Blewitt, UK
Reprinted with permission from disguised.work
Following the Herd (or HURD)
Society advances owing to people who think differently and promote positive change, not corporate shills
They Try to Replace the Creators of GNU/Linux and Hijack Their Word, Work, and Reputation
gnu.org is down at the moment; now I'm told it's back but very slow. DDoS?
Thiemo Seufer & Debian deaths: examining accidents and suicides
Reprinted with permission from disguised.work
Links 05/05/2024: Political Cyberattacks From Russia and Google Getting a Lot Worse
Links for the day
Gemini Links 05/05/2024: Infobesity and Profectus Beta 1.0
Links for the day
Running This Site Mostly a Joyful Activity
The real problem or the thing that we need to cancel is this "Cancel Culture"
Australia Has Finally Joined the "4% Club" (ChromeOS+GNU/Linux)
statCounter stats
Debian as a Hazardous Workplace Where No Accountability Exists (Nor Salaries)
systematic exploitation of skilled developers by free 'riders' (or freeloaders) like Google, IBM, and Microsoft
Clownflare Isn't Free and Its CEO Openly Boasted They'd Start Charging Everyone to Offset the Considerable Losses (It's a Trap, It's Just Bait)
Clownflare has collapsed
Apple Delivered Very Disappointing Results, Said It Would Buy Its Own Shares (Nobody Will Check This), Company's Debt Now Exceeds Its Monetary Assets
US debt is now 99.98 trillion dollars
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work
[Meme] People Who Don't Write Code Demanding the Removal of Those Who Do
She has blue hair and she sleeps with the Debian Project Leader
Jaminy Prabaharan & Debian: the GSoC admin who failed GSoC
Reprinted with permission from disguised.work
Jonathan Carter, Matthew Miller & Debian, Fedora: Community, Cult, Fraud
Reprinted with permission from disguised.work
Techrights This May
We strive to keep it lean and fast
Links 04/05/2024: Attacks on Workers and the Press
Links for the day
Gemini Links 04/05/2024: Abstractions in Development Considered Harmful
Links for the day
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
[Meme] The Cancer Culture
Mission accomplished?
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though