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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

#61

Post by cowl »

alkonaut wrote: post #60
cowl wrote: 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…

> 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. This is misinformed. There is nothing in the GDPR that relates to "exposing" or "transmitting" anything (other than transmitting further from a processor to a third party). GDPR relates to how data is s…

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Re: Microsoft: Require user consent before sending any telemetry

#62

Post by [deleted] »

yjftsjthsd-h wrote: post #54
not_your_vase wrote: post #5

Have you noticed that MS mostly stopped using EEE, and changed strategy to just ignore rules/laws/licenses, and wait to see what happens? We hear it frequently that "today's MS is not the same as the old MS", but I have my doubts. This particular one just the latest. But the really big one (IMHO) is the one where they simply started to ignore EFF[0], when they were asking them about the copyright status of co-pilot.…

> Have you noticed that MS mostly stopped using EEE, No, I haven't. Notice that MS now loves Linux... provided you run it on Azure or as a component of Windows (WSL). They adopted Chrome...'s rendering engine and then abused their desktop OS market share to shove the result down people's throats. They don't have the leverage they once enjoyed, but the approach didn't change, at least not in general.

[deleted]

Re: Microsoft: Require user consent before sending any telemetry

#63

Post by falqun »

bogantech wrote: post #4

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

Well, we are talking about GDPR. Setting a date to comply by is part of the enforcement of the GDPR afaik. I bet someone is setting points of a legal case, e.g. MS can say "oh no one explicitly stated a set date and GDPR" - now they cant use that excuse.

Re: Microsoft: Require user consent before sending any telemetry

#64

Post by falqun »

kvdveer wrote: post #21
fhub wrote: 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... .

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…

>legitimate interests

No, telemetry is not something MS needs to fulfil the primary purpose of VS Code. Best example is that the OSS version is there, without any telemetry enabled by default, still doing by and large the same job.

Re: Microsoft: Require user consent before sending any telemetry

#65

Post by bogantech »

falqun wrote: post #63
bogantech wrote: post #4

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

Well, we are talking about GDPR. Setting a date to comply by is part of the enforcement of the GDPR afaik. I bet someone is setting points of a legal case, e.g. MS can say "oh no one explicitly stated a set date and GDPR" - now they cant use that excuse.

I don't see anything here[1] that mentions that made up karen legalese is any part of the process

[1] https://commission.europa.eu/law/law-topic/data-protection/r...

Re: Microsoft: Require user consent before sending any telemetry

#66

Post by charcircuit »

Condition1952 wrote: post #57
charcircuit wrote: post #8

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

I don’t get why software needs a blank check to report and constantly send surveillance about you

It is information about how the software is operating.

Re: Microsoft: Require user consent before sending any telemetry

#68

Post by charcircuit »

_xivi wrote: post #31
charcircuit wrote: post #8

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.

>How is this the users fault?

If a user asks for the software to nag people and then the developers make the software start nagging proper then it is the fault of the user for suggesting that behaviour be implemented.

>It could be opt-in under settings, like just about anything else.

Or there could be an opt out in settings like how it already works.

Re: Microsoft: Require user consent before sending any telemetry

#69

Post by iudqnolq »

falqun wrote: post #64
kvdveer wrote: 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…

>legitimate interests No, telemetry is not something MS needs to fulfil the primary purpose of VS Code. Best example is that the OSS version is there, without any telemetry enabled by default, still doing by and large the same job.

Legitimate interest doesn't mean absolutely essential.

The OSS version obviously benefits from the telemetry (to the extent telemetry is useful) because it's downstream of the version developed based on the telemetry.

Re: Microsoft: Require user consent before sending any telemetry

#70

Post by [deleted] »

blackoil wrote: post #37
smarx007 wrote: post #27

Earlier quoted context omitted.

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.

[deleted]
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