Microsoft Windows is the most used operating system today. As it claims, “we are committed to Data privacy across all our products and services”.
It’s a software program that supports basic activities like managing files, running apps and using peripherals like printer, monitor, keyboard, and mouse. Previously Windows was a software existing only on computer devices. But now many devices support windows as the operating system.
With Windows 10, important parts of Windows are based on the cloud, interacting with online services.
In the process of using the service. Microsoft tends to collect data and information from the user. They call it, “Diagnostic Information”. Diagnostic data is the ongoing information i.e automatically recorded. Which is manageable through, Settings > Privacy >Diagnostics & feedback. Such information helps the service provider to identify the individual user and Individual device to tackle budding issues.
Below mentioned are a few legal frameworks that Microsoft adheres to while maintaining the data privacy and information of the user:
Generally Microsoft follows the principles of the EU-U.S. and Swiss-U.S. Privacy Shield frameworks .For maintaining privacy and data protection. Microsoft does not rely on the EU-U.S Privacy framework as legal basis, for transfer of personal data. (Due to reference to judgment of the Court of Justice of the EU in Case C-311/18).
In California, Microsoft adheres to The California Consumer Privacy Act. Providing exclusive rights to California consumers for data privacy. This act aims to provide control and transparency to users. By informing the users, about the data they collect, how they use it and if they share it with the third party.
Microsoft follows the General Data Protection Regulation (GDPR).It is the toughest privacy law in the world. It is passed by the European Union (EU). GDPR Lays obligation on organization, who collects data from citizens of EU anywhere in the world.
What Kind of data does Windows collect?
Microsoft divides the data into “required and optional diagnostic data“. Required data is the basic data that a user is obligated to provide to the service provider. To enjoy the smooth functioning of the operating system.
But with the optional data, the user has the option of not sharing it. By changing the settings in the operating system. There are categories of personal data that windows collect.
- Required Diagnostic data: Windows collect required diagnostic data to keep the services of the operating system up to date, secure, and maintain smooth functioning. Such data helps to identify the problems that occur in a particular device. They collect it automatically.
Instances of diagnostic data are:
- Device connectivity and configuration data: This includes details about the device, its configuration, and connectivity capabilities.
- Product and service performance data: Details about device or service health and performance. (Weather updates)
- Software setup and inventory data: Details about Software installation and updated information on the device. (Version of an operating system, configuration details, updates installed, apps and drivers installed on the device).
2. Optional diagnostic data: Such data is not essential for product service. The user can choose whether to share such information or not.
Instances of optional diagnostic data are:
- Browsing history data: Includes details about web browsing in Microsoft browsers. (Browser activity and history)
- Device connectivity and configuration data: It includes details about the device, its configuration, and connectivity capabilities. (Extra details)
- Inking, typing, and speech utterance data: Details about the voice, inking, and typing input features on the device. (samples of content user type, write or dictate on the device)
Does Windows Infringe User’s Privacy By default?
Windows has a setting called Advertising ID. Windows automatically generates and assigns a unique advertising ID for each user on the device.
- App developers and advertising networks use it for their purposes. For instance: providing more relevant advertising in apps.
- When Windows enables the advertising ID. Apps can access and use it in a similar manner as the websites can access and use a unique identifier stored in a cookie.
- App developers can associate the personal data about the user with their advertising ID. And provide relevant advertising and personalized experiences across their apps.
Does the advertising ID Setting apply to all apps?
It applies to only windows apps using the windows advertising identifier. It does not apply to any other internet-based advertising delivered by Microsoft or Third parties.
WINDOWS ACTIVITY HISTORY AND USER’S PRIVACY
Do windows share activity history with anyone?
Activity history keeps track of the user’s activity in the device. Such as apps and services the user uses, the files he opens, the websites he browses. In which he uses windows service. Windows share such information with Microsoft. The use of this service is possible only if the user permits windows to access his information (Settings > Privacy > Activity history).
This service is only accessible if the user signs in from a Microsoft account.
Do services provided by windows maintain privacy?
Let’s dig into a few services provided by windows:
- Windows Location services, motion sensing, and recording:
When the user enables location on a Windows device. Microsoft collects data about cell towers and Wi-Fi access points and their locations. Apps and websites which are running in the windows can access the device’s location. The user can change it through settings. The app asks the user for permission.
If the user signs in with the Microsoft account, in the windows device. The device uploads its location to the cloud.
Which part of the location do windows retain?
The last known location. (The new one is replacing the last one). Windows stores the location in the recent location history of the windows device. Certain apps and windows features can access this location history. The user can delete it anytime through settings.
In case when the device location is turned off?
Even then some third-party desktop apps or services can use other technologies such as Bluetooth, wi-fi, cellular, etc., to determine the device’s location.
- Windows Find my phone feature: This feature allows to find user’s phone even if the location service is turned off. Only if the “save my location every few hours” feature of the phone is active. It will send the periodical last location of the phone.
- Windows recording: Some windows devices have a recording features in it. Which allows the user to capture audio or video clips of the activity on the device (screen recording).Including video calls.
In some cases, such recordings are transmitted to a Microsoft product or service that broadcasts the recording publicly. Microsoft says, they are not responsible for such usage of features.
- Microsoft defender: Checks downloaded files and web content for threats. While checking the file or data, the data transfers to Microsoft (including file name, a hash of file contents, downloaded location, and file’s digital certificates). Users can turn off such a feature through settings.
- Windows media player: While streaming songs online. The windows media player sends a log (details such as connection time, IP address, operating system version, player ID, date, and protocol) to the streaming media server.
Does Microsoft shares users’ data with Government or Law enforcement agencies?
Government makes requests for customer data. Microsoft asks them to comply with the applicable laws mentioned above. A subpoena or its local equivalent is required to request for non-content data of the user. A warrant, court order, or its local equivalent, is required for requesting the content data of the user.
Responding to requests is at the discretion of Microsoft.
REFERENCES
- Data collection summary for windows, MICROSOFT (Oct. 15. 2020, 02:10 AM), https://privacy.microsoft.com/en-us/data-collection-windows
- Windows 10 and your online services, MICROSOFT (Oct. 15, 2020, 02:10 AM), https://privacy.microsoft.com/en-US/windows10privacy.
- Privacy at Microsoft, MICROSOFT (Oct. 15, 2020, 02:11 AM), https://privacy.microsoft.com/en-US/privacy#whatinformationwecollectmodule.
- Microsoft privacy statement, MICROSOFT PRIVACY (Oct. 15, 2020, 02:12 AM), https://privacy.microsoft.com/en-us/privacystatement.
- Diagnostics, feedback, and privacy in windows 10, MICROSOFT SUPPORT (Oct. 15, 2020, 02:13 AM), https://support.microsoft.com/en-in/help/4468236/diagnostics-feedback-and-privacy-in-windows-10-microsoft-privacy.
- General privacy settings in windows 10, MICROSOFT SUPPORT (Oct. 15, 2020, 02:14 AM), https://support.microsoft.com/en-in/help/4459081/windows-10-general-privacy-settings.
- Windows 10 and your activity history, MICROSOFT SUPPORT (Oct. 15, 2020, 02:15 AM), https://support.microsoft.com/en-in/help/4468227/windows-10-activity-history-and-your-privacy-microsoft-privacy
