The Microsoft Dutch counterpart, the Dutch Data Protection Authority (HOOD), has reported the issue of how Microsoft collects and processes software usage data. The Dutch regulator is accusing Microsoft of breaking the law because of too vague rules for data collection, and because Windows 10 does not provide users with sufficient control over the data that they make available to the US giants using the operating system and computer.
According to the Dutch, the basic problem of Microsoft is the lack of clear information about what Microsoft is doing. The Dutch regulator believes that it is sufficient to consider that Microsoft is preventing consumers from knowingly consenting to the collection and processing of their data, thereby violating Dutch law.
By law in the Netherlands, Microsoft must obtain a valid user consent for data collection, but this requires the consumer to be fully aware of what data is being collected and how they are processed. That’s not all – the Dutch office also notes that large update packages (such as Creators Update) do not always keep your privacy settings up-to-date. In the Creators Update update, Microsoft has updated the data collection format, but it is still not clear what is being collected and why. In addition, changing the settings forces all users to re-configure privacy settings on the operating system.
Although Microsoft explicitly enumerated all the data types collected in Windows 10 on basic (basic) telemetry settings, it did not do it for the “full telemetry” option, which is the default option in Windows 10.
Microsoft says it is working with the Dutch privacy office to find the right solution. Of course, the company does not agree with the charge of breaking the law, claims that the current privacy settings and telemetry options in Windows are sufficient for the user to be able to make a conscious decision on which options he wants to use and to use what data is correct.
It is important to note that HOOD does not expect Microsoft to shut down its telemetry and data collection functions, but only wants users to know exactly what Windows and Microsoft are doing with their data. At the same time, the Dutch office has confirmed that Microsoft intends to “remove all infringements”, but if the Windows manufacturer does not do so, it will probably be sanctioned.