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Microsoft: Require user consent before sending any telemetry

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Re: Microsoft: Require user consent before sending any telemetry

#31

I don't get people who request for software and websites to become nagware by asking for consent.

> people who request for software and websites to become nagware by asking for consent

What? Lol. How is this the users fault?

That's just dark patterns by companies to bend users into enrolling. It doesn't have to be like this. It could be opt-in under settings, like just about anything else.

It all about power play.

Re: Microsoft: Require user consent before sending any telemetry

#32

To be fair if someone comments to me with things like: > Please give an answer within the next week until the 16th of June. I wouldn't respond to them either out of spite

It's not the only nor the first comment. They had plenty of time to comment back before.

Re: Microsoft: Require user consent before sending any telemetry

#33
post #21

Earlier quoted context omitted.

It is neigh impossible to send truly anonymous data as telemetry. As soon as you're using the internet, you're disclosing an IP address, which is PII. If you add anything to link two subsequent telemetry reports together, that thing is PII (e.g. a hash or a uuid). If the telemetry report is detailed enough that they become somewhat unique, it's PII. That said, consent is not the only grounds on which you can process…

"Disclosing an IP address" maybe a matter of the medium of comms being inadvertently TCP/IP, if MS does not log or store the IP in a meaningful/reversible way, are they processing PII?

in the Google fonts CDN the court ruled that: it's irrelevant if the website or Google had the opportunity to link the IP address to the user. the mere possibility of this is enough to consider it as protected PII.

Re: Microsoft: Require user consent before sending any telemetry

#34
post #20
post #6

Truly anonymous data is not subject to the GDPR. So the question is whether the data they are collecting is truly anonymous. They seem to be claiming or suggesting "Yes it is" https://code.visualstudio.com/docs/getstarted/telemetry#_gdp... .

There is no such thing as truly anonymous. in order to send any data you need to connect to a server. at that moment you are in violatation of GDPR because you are exposing the users's IP which is protected by GDPR. See the case where even linking to a CDN requires GDPR consent. https://www.cpomagazine.com/data-protection/leak-of-ip-addre... And before the army of those who don't understand GDPR comes up with "but th…

By that logic, Ubuntu performs a connectivity check behind the scenes polling connectivity-check.ubuntu.com every few mins to detect if internet connectivity has been lost.

I do not recollect seeing any opt-in Privacy prompt enabling this feature. Surely an OS can function without the internet so it's not "essential to its functioning".

Same with Firefox's captive portal check [1] that helps determine if a Wifi network requires a web-based sign-in or acceptance of terms of use.

[1] https://en.wikipedia.org/wiki/Captive_portal

Re: Microsoft: Require user consent before sending any telemetry

#35
post #9

Earlier quoted context omitted.

The issue with society or one of them, is thinking its acceptable for a corporation breaking law to feel spite, the guy was not talking to a person, was talking to a shitty corp breaking law

Which law? Instead of shit talking, they can report it, file lawsuit.

Sorry did I offend your papacorp

Re: Microsoft: Require user consent before sending any telemetry

#36
post #6

Truly anonymous data is not subject to the GDPR. So the question is whether the data they are collecting is truly anonymous. They seem to be claiming or suggesting "Yes it is" https://code.visualstudio.com/docs/getstarted/telemetry#_gdp... .

Among the telemetry data: > MacAddressHash - Used to identify a user of VS Code. This is hashed once on the client side and then hashed again on the pipeline side to make it impossible to identify a given user. On VS Code for the Web, a UUID is generated for this case. A hash of a hash is about as expansive as a hash and it still uniquely identifies a machine, tying telemetry events to a specific user's machine. Micr…

Unless there is any PII associated with the pseudonym, there is nothing specifically in GDPR that says you can’t or shouldn’t do this so long as it’s not information that can identify a physical person. Note that being able to attribute multiple pieces of data to the same anonymous person does not necessarily identify them (and it’s important to not accidentally do so):

It’s important though if you e.g have multiple products to use a _different_ pseudonymization (hash salt or whatever) otherwise you run the risk of storing data linking too much data on a user thereby de-pseudonymizing them in the worst case even though no individual app does. Having a users behavior across multiple applications could pose such a risk in extreme cases.

Edit: I think it's important to separate "hashing" and "hashing". A properly hashed identifier uses a salt that is generated on the client, so that it can't be used to identify the user. basically: the first time the app runs, you generate a random salt which is only stored on the client, and NEVER sent in telemetry. Anything you would like to transmit over the wire that would risk identifying the user (E.g. a computer name, mac address) you hash with this local salt. This way no one can try to go to the database on the server side and try to match any data e.g. check if the hash abc123 matches the computername jimbob bcause hash("jimbob")= abc123. Just sending hash(MacAddress) without a local random salt would NOT be properly pseudonymous because an attacker on the server side could ask and answer the the question "Does this come from the address macaddress?".

Re: Microsoft: Require user consent before sending any telemetry

#37

Earlier quoted context omitted.

Which law? Instead of shit talking, they can report it, file lawsuit.

G.D.P.R., it says so in the thread. And Europe is not a litigious environment, we start with complaints first.

The complaint should come from some authority or a legal backing. The poster assumes that they are breaking GDPR and seeking explanation with some shit talk to make it sound legalese.

Companies as a policy and by logic don't reply to such comments/post because the response becomes a legal document. So any expectation of answer is futile.

Re: Microsoft: Require user consent before sending any telemetry

#38
post #30
post #21

Earlier quoted context omitted.

It is neigh impossible to send truly anonymous data as telemetry. As soon as you're using the internet, you're disclosing an IP address, which is PII. If you add anything to link two subsequent telemetry reports together, that thing is PII (e.g. a hash or a uuid). If the telemetry report is detailed enough that they become somewhat unique, it's PII. That said, consent is not the only grounds on which you can process…

With that argument - would it hypothetically be legal for anonymised telemetry to be submitted over Tor?

no, the IP should not be exposed to any third party not only to the final destination. Tor would hide the IP from the final destination but still expose it to the first relaying party.

Re: Microsoft: Require user consent before sending any telemetry

#39
post #33

Earlier quoted context omitted.

"Disclosing an IP address" maybe a matter of the medium of comms being inadvertently TCP/IP, if MS does not log or store the IP in a meaningful/reversible way, are they processing PII?

in the Google fonts CDN the court ruled that: it's irrelevant if the website or Google had the opportunity to link the IP address to the user. the mere possibility of this is enough to consider it as protected PII.

Question is whether Google Fonts CDN/server was storing the IP address or not. Linking to a user is secondary. If a server does not log or store raw IPs in the first place, where's the fault?

Re: Microsoft: Require user consent before sending any telemetry

#40
post #20

Earlier quoted context omitted.

There is no such thing as truly anonymous. in order to send any data you need to connect to a server. at that moment you are in violatation of GDPR because you are exposing the users's IP which is protected by GDPR. See the case where even linking to a CDN requires GDPR consent. https://www.cpomagazine.com/data-protection/leak-of-ip-addre... And before the army of those who don't understand GDPR comes up with "but th…

By that logic, Ubuntu performs a connectivity check behind the scenes polling connectivity-check.ubuntu.com every few mins to detect if internet connectivity has been lost. I do not recollect seeing any opt-in Privacy prompt enabling this feature. Surely an OS can function without the internet so it's not "essential to its functioning". Same with Firefox's captive portal check [1] that helps determine if a Wifi netwo…

yes, Ubuntu is in violation of GDPR too if it does not connect for essential functionality. One essential functionality that is acceptable for any OS is that of checking for updates because Security is an essential part of OS.
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