• Home Microsoft cannot collect data from users without proper consent

Publications

Microsoft cannot collect data from users without proper consent

15 / 06 / 2018

In May, the 9th Federal Court of São Paulo granted a preliminary injunction in order to compel Microsoft to adopt in thirty days the necessary procedures to allow the users of the Windows 10 operating system that do not want to consent with the use of its data to have the possibility of doing it in a simple, easy and direct way.

The controversy was originated by the Federal Public Prosecution Office of the State of São Paulo (“MPF”) that filed a civil class action against Microsoft Computing requiring the adoption of the necessary measures to ensure that there is no more collection of information and personal data of the users of the Windows 10 operating system without previous and express consent.

In the complaint, MPF argues that since 2015 Microsoft is commercializing products that collect personal data from users without express consent, in clear violation to the Brazilian Federal Constitution, the Consumer Protection Code and the Brazilian Internet Bill of Rights, since there is no clear option that limits the collection of user data from the Windows 10 operating system.

MPF also claims that during the installation and update of the operating system, Microsoft introduces as a standard option the massive collection of users data, and that disabling this collection, although partially possible, is too complex to be performed by the users.

Microsoft argued in response that the collected data is intended to provide a more customized operating system for the user in order to improve their experience with the product.

In the decision that granted the preliminary injunction, the Judge acknowledged that, although data collection occurs with the consent of the users, the procedures for not enabling or disabling data collection are so complex that prevent the user from prohibiting the access to their data.

The judge also pointed out that Microsoft violates the Consumer Protection Code and the Brazilian Internet Bill of Rights, which require that users must be provided with clear, precise and precise information.

The decision also stated that, in addition to the question of whether or not the users consent to the collection of their data, it is highly controversial, in the light of the Consumer Protection Code, that in order to have access to a quality product or service such as Windows 10, the consumer has to almost give up their privacy, being forced to share their data.

Finally, it was established that Microsoft should adopt in thirty days the necessary procedures to allow the users of the Windows 10 operating system that don’t want to consent with the use of its data to have the possibility of doing it in a simple, easy and direct way.

In case of any doubts about this subject, please do not hesitate to contact us.

KEY CONTACT:
Paula Mena Barreto
Partner
T: +55 21 3262-3028
E: paula.menabarreto@cmalaw.com