Microsoft breaches data protection laws in Netherlands

Microsoft has already drawn criticism regarding data collection of Windows 10, is still overly aggressive. However, now it is facing a direct legal challenge from the Netherlands’ Data Protection Authority(DPA). The DPA suggests that Microsoft is breaching the Dutch data protection laws, by processing user data from computing devices they use.

The Dutch DPA suggests that the way the default set-up process is designed, the company isn’t actually getting genuine consent from users for the data that it collects. Microsoft regularly collects what is known as “telemetry data” such as performance logs, which apps are installed on that device, and can also collect data on how often each app is used, the user behavior around individual apps as well as the web surfing specifics using the Edge web browser. The Dutch authority claims that Microsoft needs to obtain valid consent.

In the company’s response to the DPA, Microsoft showed point-by-point “concerns” with the statement of the Dutch authority. It stated that Windows 10 informs users regarding the data it collects and how that information is used, although it acknowledged that users might have to jump into the privacy agreement or “learn more” sections (that is, the sections that only a few people read) to acquire a full understanding.

It also discussed that it requires at least some device data to understand compatibility problems (after all, there are millions of Windows users) and watch for app crashes that are repeated that might hint at security holes. Microsoft does not agree that its approach to software defaults stops people from giving true consent. Microsoft is, however, claiming that Windows 10 is already compliant under Dutch law.

"This year we have released a new privacy dashboard and several new privacy features to provide clear choices to our customers and easy-to-use tools in Windows 10. Next week, we have even more privacy improvements coming in the Fall Creators Update," Windows and devices private group officer, Marisa Rogers said in the response note. She further added, "We welcome the opportunity to continue to work with the Dutch DPA on their comments related to Windows 10 Home and Pro, and we will continue to cooperate with the DPA to find appropriate solutions."