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Habrazhiteli actively discussed appeals to the regulators about the amount of information collected by the Windows 10 operating system. Oddly enough, the reaction to the deputy’s appeal on this matter was followed by a near-blitz.

That's just what the regulator said, very sadly can affect the protection system. But first things first.

Quotes are given in accordance with the spelling and punctuation of the original.

Microsoft’s activities regarding the operation of its new Windows 10 operating system are not subject to Russian information law, and the system users themselves agree to collect their data by accepting the license agreement

If you follow the links from the news, they for the most part lead to RIA Novosti . As a source of information referred to the text, which "is available to RIA Novosti."
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According to published:

The Windows 10 system is a computer program, but is not used for receiving, transmitting, delivering and processing electronic data of Internet users in the sense of Article 10.1 of the Russian Law on Information, Information Technologies and Information Protection.

In this regard, Microsoft can not be regarded as the organizer of information dissemination on the Internet, in terms of how Windows 10 software works.

Recall that according to the law "On Information, Information Technologies and Information Protection":

The organizer of the dissemination of information on the Internet is a person carrying out activities to ensure the functioning of information systems and (or) programs for electronic computers that are designed and / or used to receive, transmit, deliver and (or) process electronic messages of network users "The Internet"

And by the way, do we have an email? The already mentioned law of the law “On Information, Information Technologies and on the Protection of Information” states:

10) electronic message - information transmitted or received by the user of the information and telecommunications network;

It is quite natural that the “bare” Windows 10 is most likely not used by the user for organizing work with mail (I think we will not take telnet experts into account). Since the request concerned only Windows 10, and not all Microsoft programs that are installed on Windows 7 / 8.1 / 10, can we only welcome the ability to get out of the unpleasant request?

So, but not quite. As part of Windows is the browser (I remember someone argued that it is an integral part of the OS). More precisely now even two. And naturally, with the help of it, you can both receive and send information (and letters, too). It turns out Roskomnadzor was wrong - not knowing the composition of Windows?

The regulator also stated that Microsoft collects the following data in accordance with the privacy statement: first name, last name, email address, mailing address, age, field, country, language, phone number, passwords, password hints, interests, billing information , IP address, network settings, connections with other people and organizations and approximate location.

Familiar all things! Law “On Personal Data”:

1) personal data - any information relating to directly or indirectly determined or determined by an individual (subject of personal data);

Or in the previous edition:

1) personal data - any information relating to an individual determined or determined on the basis of such information (subject of personal data), including his last name, first name, patronymic name, year, month, date and place of birth, address, family, social, property status, education, profession, income, other information;

Let's return to the regulator's answer:

However, under a license agreement for the use of Windows 10, the user agrees that Microsoft may collect, use and disclose information as described in the privacy statement.

Law “On Personal Data”:

1) the processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data;

1. The subject of personal data decides on the provision of his personal data and agrees to their processing freely, by his own will and in his interest. Consent to the processing of personal data must be specific, informed and conscious. Consent to the processing of personal data may be given by the subject of personal data or his representative in any form allowing to confirm the fact of his receipt, unless otherwise established by federal law ...

4. In cases provided for by federal law, the processing of personal data is carried out only with the consent in writing of the subject of personal data. The written consent on paper is recognized as equivalent to a consent in the form of an electronic document signed in accordance with federal law with an electronic signature.

In the case of software, there is neither a written signature nor an electronic signature. Yes, and with awareness at the time of signing problems. Anyway. All software is installed that way, so we will not quibble. But then the most interesting part of the answer begins:

Thus, by installing the software provided by Microsoft on personal communication devices, or using it to their advantage, the user accepts this license agreement or fully agrees with it. This agreement in accordance with the Civil Code is a public offer. Acceptance of an offer means the unconditional acceptance of all of its conditions without any exemptions or restrictions on the terms of accession

We will not discuss how correct such a position is. I think the reasons for its appearance are quite understandable. But as a result, we have the position of the regulator in the field of personal data protection, which states that if the user accepted the license agreement, then there can be no complaints about the developer of the program.

Let us take an example of what this position leads to. Four Chinese airlines install spyware on Android smartphones of passengers flying international flights. In the original source of more details.
Traditionally, victims were asked to agree to installing the application:



But if they agreed, it turns out that “it means the unconditional acceptance of all its conditions without any exceptions or limitations on the terms of accession”. If for Windows malicious applications hide their malicious nature, then for Android, in most cases this is not the case - applications request permissions - and the victims agree with them "informed". Cases when the creators of programs assigned to malware were outraged - there were before. But it turns out that now the regulator supports them?

So in conclusion :

Terry Myerson, head of Microsoft’s Windows development division, responded to all reproaches regarding the Windows 10 user data collection and storage policy.

Myerson said that corporate OS customers will be able to disable the telemetry data collection function already at the end of this year, when updates for the corporate version of the OS will be released. However, Microsoft developers strongly recommend not to do this.