[g-b-r]

I last studied the gdpr years ago but that most definitely appears false, provide your sources.

The GDPR deals with "processing" and this is the definition of processing:

" ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; "

Note the "transmission, dissemination or otherwise making available".

[alkonaut]

I could be mistaken but I think whether the http request makes anything ‘available by transmission’ is down to the definition of who is the data controller and which data processors exist. So in the case of telemetry where no PII changes hands, and no PII is stored, then I can’t see how it applies. That is, assuming that the Telemetry backend here belongs to the same entity that made the app. Such as if a microsoft product phones home to its own backend.

Apps that make http requests to other endpoints belonging to third parties are much murkier.

As far as consent is concerned: Whether consent is required for making a http request containing an IP in the header based on legitimate interest is also murky. Consent is only one way of permitting the processing. Whether Telemetry is legitimate interest I don’t think is established. But it’s important to remember that not only “absolutely essential” functionality that is a legitimate interest. That is: something isn’t automatically not legitimate because it could be removed and still deliver the functionality to the user. Online ads are contested (because profit can be a legitimate interest). The same for telemetry. It’s certainly of interest to the developer to get the data. I have not seen any rulings yet on that but Microsoft has made a pretty decent legal analysis when they conclude that they will never need consent here.

A web server owner can even store data for some time since preventing denial of service attacks could mean they need to store IPs for a short while before deleting. As that’s a legitimate interest, this would not require user consent from visitors.

[g-b-r]

So first of all you said "There is nothing in the GDPR that relates to "exposing" or "transmitting" anything (other than transmitting further from a processor to a third party). GDPR relates to how data is stored or processed." .

That was false, since the definition of processing explicitly includes transmitting.

VS Code requires accepting the all-encompassing Microsoft privacy statement, and I couldn't find quickly what legal reasons they use for telemetry.

"Legitimate reasons" can practically indeed mean almost anything, and the only limits to it are those placed by subsequent guidances or interpretations of the central or local privacy authorities. It's what largely makes the gdpr a joke. It's very likely that Microsoft relies on it, whether that's acceptable or not.

You seem to consider a local software as part of the software's copyright holder infrastructure, and that appears ludicrous, transmission of usage data from a local application to an other company's server is most definitely transmission.

If VS Studio's telemetry is legal or not I don't know and I'm not interested in delving into it right now, if I had to use it I'd block it and probably wouldn't use it if it became impossible.