tag:blogger.com,1999:blog-5574479.post804426455954822180..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: EU General Data Protection Regulation – Part IVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5574479.post-82592401330490021992016-09-06T20:19:18.294+01:002016-09-06T20:19:18.294+01:00@Anonymous: usual problem: the EPO is not part of ...@Anonymous: usual problem: the EPO is not part of the EU...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-61806285827460732902016-09-05T07:06:54.859+01:002016-09-05T07:06:54.859+01:00@ OV. Thanks for the document.
A patent is worth ...@ OV. Thanks for the document.<br /><br />A patent is worth a lot of money. <br />Personal data are the bibliographic data, payment method, communication with the EPO but also the application (claims/description).<br /><br />It is incredible that the patent processing at the EPO is not in compliance with EU standards for data protection.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-20792256221588907472016-09-02T22:14:58.137+01:002016-09-02T22:14:58.137+01:00The EU data protection Regulation does not apply e...The EU data protection Regulation does not apply everywhere in Europe. For example, the European Patent Organisation (EPO) has its own data protection Regulation. <br /><br />The document “BREACHES OF BASIC AND FUNDAMENTAL RIGHTS AT THE EPO” by Bretton Woods Law (Specialists in Public International Law) explains (from page 17 to 23) why the EPO data protection regulation fails to meet the standards of both EU data protection law and the national data protection laws of the Contracting States.<br /><br />https://www.suepo.org/documents/43577/55400.pdf<br /> <br />Summary of deficiencies in the current EPO data protection framework:<br /><br />- Fundamental rights: The reference to the respect of fundamental rights had been removed from the EPO data protection regulation (page 18).<br /><br />- Lack of independent oversight: At the EPO there is no independent supervisory authority. The EPO president supervises himself the data processing he has implemented. (page 21)<br /><br />- Change of purpose: The EPO data protection regulation allows the EPO President unilaterally to decide that data may be processed for purposes other than those for which they have been collected.(page 21)<br /><br />- Transmission to recipients outside the European Patent Organisation: The EPO President may authorise a transfer or a set of transfers of personal data to a third country or international organisation which does not ensure an adequate level of protection.(page 21)<br /><br />- Lack of any effective means of redress in circumstances where the rights of data subjects are infringed (see pages 22 and 23 - the intervention by the German data protection authorities).<br /><br />Conclusion:<br />A wide range of personal data from both patent applicants and EPO staff are processed at the EPO. The situation at the EPO falls far below the standards expected and the rights enjoyed by citizens in the rest of Europe.O.V.noreply@blogger.com