PIPEDA Report of Findings #2018-004: Microsoft to obtain opt-in consent, enhance transparency for Windows 10 privacy settings
This investigation concerned Microsoft's Windows 10 privacy settings, which were initially set to 'on' by default during installation. The Office of the Privacy Commissioner of Canada (OPC) investigated whether Microsoft obtained valid consent for the collection, use, and disclosure of users' personal information. While Microsoft made several updates to improve clarity and consent mechanisms, the OPC identified ongoing concerns regarding the meaningfulness of consent for certain settings, particularly regarding diagnostics, tailored experiences, and speech recognition. Microsoft committed to implementing further changes, including obtaining opt-in consent for all installation privacy settings, enhancing transparency, and improving data protection measures.
- Validity of consent for default privacy settings during Windows 10 installation.
- Clarity and completeness of privacy communications provided to users.
- Adequacy of measures to protect sensitive diagnostic data from being used for targeted marketing.
- Ensuring meaningful consent for cloud-based speech recognition services.
Complaint well-founded and conditionally resolved
The OPC found the complaint well-founded because Microsoft's initial default settings and privacy communications did not adequately inform users about the collection, use, and disclosure of their personal information. However, it was conditionally resolved due to Microsoft's commitments to implement significant changes that addressed the OPC's concerns.
AI-generated summary for reference only. Always verify against the official decision ↗
Microsoft committed to obtaining opt-in consent for all installation privacy settings, enhancing privacy communications, augmenting procedures to ensure sensitive information is not used for tailored experiences, correcting the functioning of the speech recognition setting, and implementing measures to mitigate location tracking risks.
- s. 6.1 PIPEDA
- Principle 4.3 PIPEDA
- Principle 4.3.2 PIPEDA
- Principle 4.3.4 PIPEDA
- Principle 4.3.5 PIPEDA
- Principle 4.3.6 PIPEDA
- Principle 4.1.4 PIPEDA
This summary is for informational purposes only and does not constitute legal advice.