I suppose it could claim that, but I suspect it would be a tough sell with the regulators if Microsoft is uploading large amounts of data the user probably didn't even know about and some of that data turned out to include sensitive personal data.
Presumably most people don't compile that sort of data into executables, but the situation seems to be unclear about whether other types of file might also be uploaded through similar mechanisms, and there also seems to be something going on involving MS executing the files and allowing remote connectivity, so the issue still seems relevant.