this post was submitted on 26 Mar 2024
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Curated Tumblr
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It does actually ask you if you want to sync those files if you're installing it on W10. It's a bit opaque in explaining the consequences in the simple wizard that allows you to enable or disable it by slider, but that's why it's a wizard.
People who say it doesn't probably just clicked next, next, next... Had a user complain about it too. Than a month later when we replaced his laptop with a W11 he was quite happy with it.
It definitely has a very positive use case for the large majority of users.
The thing to me is that under EU legislation, you need consent from a user to process their personal data.
If the user did not even know about it, then by definition, you did not get consent.
I (and judges) know that this is easier said than done. Even if you're purely working in the interest of the user, you might not always succeed.
But it still means that the onus is on Microsoft here. They need to credibly ensure that they actually tried to get consent, for example this should be opt-in in the wizard, not opt-out.