A. TELEMETRY
What is Telemetry in Windows?
Telemetry in Windows refers to the automated collection of diagnostic and usage data from devices running the Windows operating system. Microsoft uses this data to improve system performance, fix bugs, and enhance user experience. Telemetry can include:
- Device hardware details
- Software usage patterns
- System settings and configurations
- Application performance and error reports
- Depending on the level : potentially user-identifiable information
Organizations that allow or rely on Windows telemetry must:
- Ensure that consent is obtained when required, especially for non-essential telemetry.
- Have proper documentation and user-facing policies.
Legal Implications
1. Privacy and Data Protection Regulations
Telemetry collection must comply with various privacy laws depending on jurisdiction, such as:
GDPR (EU): Requires user consent before collecting personal data. Data minimization, transparency, and user rights (access, erasure, etc.) are critical.
Failure to comply can result in significant penalties and reputational harm.
2. Consent and Transparency
Under privacy laws:
- Consent must be informed, specific, and revocable.
- Windows versions (especially enterprise editions) offer telemetry level controls, but consumers often have limited ability to fully opt out.
- If consent is not properly obtained or opt-out is not respected, Microsoft or organizations deploying Windows may face liability.
3. Data Control and Sovereignty
Telemetry may transmit data across borders to Microsoft's servers (typically in the U.S.). This raises issues under:
Data localization laws (e.g., Russia, China)
EU-US Data Privacy Framework (or equivalents)
Companies must ensure cross-border data transfers comply with legal safeguards (e.g., Standard Contractual Clauses).
Data Transfers Outside the EU
Telemetry data is usually transmitted to Microsoft servers in the U.S., triggering Chapter V GDPR rules.
- Transfers must be covered by adequacy decisions (e.g., EU-U.S. Data Privacy Framework) or Standard Contractual Clauses (SCCs)
- Organizations must verify Microsoft's compliance, especially post-Schrems II ruling
4. Third-party Risk
If an organization deploys Windows in its environment (especially in regulated industries like healthcare, finance, or education), it could be considered a data controller, and Microsoft a data processor or joint controller:
- Contracts and Data Processing Agreements (DPAs) must clearly define responsibilities.
- Organizations must ensure that telemetry does not compromise sensitive data or violate their obligations.
5. Enterprise and Employment Law
In corporate settings:
- Monitoring employee activity through telemetry might be considered surveillance.
- Some jurisdictions require employee notice or consent (especially in the EU).
- Excessive monitoring could breach labor laws or collective bargaining agreements.
6. Joint Controllership Concerns
Per CJEU rulings (e.g., Wirtschaftsakademie and Fashion ID), if an organization influences the means and purposes of data collection—even via third-party software—it may be deemed a joint controller with Microsoft.
Implication:
If your organization deploys Windows and does not disable optional telemetry, you may share GDPR responsibility and should:
- Update your privacy policy
- Execute a Data Sharing Agreement or DPA with Microsoft
- Disclose telemetry practices to data subjects
Risk Mitigation Recommendations
- Review and configure telemetry settings to minimize data collection.
- Obtain proper user consent and provide clear privacy notices.
- Execute DPAs with Microsoft if required.
- Use enterprise tools to manage telemetry centrally
- Conduct Data Protection Impact Assessments (DPIAs) where applicable.
B. DATA COLLECTION
1. Categories of Data Collected
A. Windows 10/11
- Device data: Hardware identifiers, configuration, connected devices.
- Usage data: Feature usage, app launches, system performance.
- Diagnostic data: Crash reports, error logs.
- Location data: If enabled or inferred from IP address.
- Telemetry data: Sent periodically based on privacy level settings (Basic, Enhanced, Full).
- Advertising ID: Used to deliver personalized ads.
B. Microsoft 365 / Office Applications (e.g., Word, Excel, Outlook)
- User identity data: Email addresses, profile info, user preferences.
- Document content: When using cloud features like auto-save, co-authoring, or cloud processing (e.g., Editor in Word).
- Usage data: Frequency of app usage, feature interaction.
C. Microsoft Teams
- User metadata: Names, email addresses, organizational affiliation.
- Chat data: Messages, attachments, call logs, meeting transcripts.
- Telephony and meeting data: Call metadata, participant lists, timestamps.
D. SharePoint / OneDrive
- Stored content: Files, document metadata, access history.
- Collaboration data: Access permissions, editing history, comments.
E. Azure
- Customer account data: Admin contact details, billing data.
- Telemetry: Usage logs, API requests, system events.
- Service-generated data: Diagnostic logs, security alerts.
2. GDPR Concerns and Potential Violations
| Microsoft Service |
Data Collected |
Potential GDPR Violations |
| Windows 10/11 |
Device info, telemetry, usage data, location, advertising ID |
Art. 5, 6, 7, 13 – Transparency, consent, data minimization |
| Microsoft 365 |
User identity, document content, usage patterns |
Art. 5, 6, 7, 13 – Transparency, consent, content access |
| Microsoft Teams |
Chat data, call logs, user metadata, meeting transcripts |
Art. 6, 7, 9 – Consent, sensitive data (speech/video), data minimization |
| SharePoint / OneDrive |
Files, metadata, collaboration history |
Art. 5, 6, 13 – Data minimization, transparency, international transfer |
| Azure Cloud Services |
Account info, logs, API data, security alerts |
Art. 5, 6, 13, Chapter V – Data minimization, transparency, international data transfers |
The EU GDPR sets strict rules about personal data collection, processing, and international transfer. Microsoft has faced scrutiny over several issues:
A. Lack of Transparency
- Issue: Users and enterprises are often not fully informed about what telemetry data is collected and how it's used.
- GDPR Violation: Article 5 & 13 (lack of transparency and proper information disclosure).
B. Consent and Legitimate Interest
- Issue: Default data collection settings (especially in Windows and Office) may not reflect meaningful user consent.
- GDPR Violation: Article 6 (lawful basis for processing) and Article 7 (valid consent).
C. Data Minimization
- Issue: Full diagnostic telemetry collects data that may not be strictly necessary.
- GDPR Violation: Article 5(1)(c) (data minimization principle).
D. Data Transfers Outside EU
- Issue: Data stored or processed in the US (or accessible from there) may be subject to surveillance laws.
- GDPR Violation: Chapter V (transfers to third countries), especially since the invalidation of the Privacy Shield.
E. Children and Sensitive Data
- Issue: Collection of location, speech, or behavioral data in educational products.
- GDPR Violation: Article 8 (children's consent), Article 9 (special categories of data).
3. EU Responses and Regulatory Actions
- The Dutch government issued guidance warning against unchecked use of Office 365, Teams, and Windows telemetry in public institutions.
- EDPS (European Data Protection Supervisor) has investigated Microsoft contracts with EU institutions.
- Some EU schools and governments have paused or limited use of Microsoft services over compliance concerns.
Disclaimer:
The information presented on this page has been obtained in good faith and is intended for general informational purposes only. Part of the content was generated with the assistance of OpenAI's ChatGPT, an AI language model. While efforts have been made to ensure accuracy and relevance, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or suitability of the information provided. OpenAI and ChatGPT are cited as sources. This content does not constitute legal advice, and readers should consult with qualified professionals for legal or compliance-related matters. We disclaim any liability for decisions made based on this information.