Given these material changes, our Office evaluated the new installation process. Subsequently, Microsoft rolled out two material updates to Windows 10, the latter of which (the Creator’s Update) removed the Express installation option, and introduced five new or updated default privacy settings – i.e., Location, Relevant Ads, Diagnostics, Tailored Experiences and Speech Recognition. We identified, and shared with Microsoft, certain preliminary concerns in relation to the clarity, completeness and consistency of the communications explaining the original Windows 10 privacy settings and the user’s associated choices. We initially assessed the installation process (which included Express and Customize settings options) and the associated communications available to users upon the launch of Windows 10. Our Office therefore investigated whether Microsoft was obtaining valid consent for its collection, use and disclosure of users’ personal information pursuant to the privacy settings that were defaulted to on during the Windows 10 installation process.

The complainant expressed his concern to our Office that when he upgraded his computer operating system to Microsoft Windows 10, several privacy settings were set to on by default and that he later found it difficult to understand and change those settings.