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Hot Topic – Use of personal content and data Windows 10

According to a recent decision¹ issued by the 9th Federal Court of São Paulo, Microsoft must offer an easy, direct and simple mechanism to allow users of Windows 10 to disapprove the collection and use of their personal content and data.

In this case, the Federal Public Prosecutor filed a civil action seeking that Microsoft be condemned to stop collecting and sharing information and personal data of its users. The prosecutor argued that lack of users’ express authorization violated the principles of human dignity, privacy, honor and image, and rights related to consumer relations.

Citing the Brazilian Internet Bill of Rights and the Consumer Law, the court granted a preliminary injunction and ordered the company to adopt the necessary procedures to implement a tool enabling the grant or denial of authorization of use of such data. The court did not analyze, at this moment, the plea for stopping data collection because it lacked technical knowledge to evaluate if it would be possible to change the defendant’s whole operational system without compromising the proper functioning of Windows 10.

¹ Lawsuit No. 5009507-78.2018.4.03.6100