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by g-b-r 968 days ago
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.