Provision record
Microsoft · Microsoft Privacy Statement (Legacy) · View original document ↗

Content Disclosure Under Good Faith Belief

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Document Record

What it is

The statement authorizes Microsoft to retain, access, transfer, and disclose the content of user communications and stored files, including emails and OneDrive files, based on Microsoft's own good faith determination that disclosure is necessary for legal compliance, public safety, security, or protection of Microsoft's rights and property.

This analysis describes what Microsoft's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes a self-assessed good faith belief standard as the threshold for accessing and disclosing user content including private communications and stored files; the standard encompasses not only legally compelled disclosures but also Microsoft-initiated disclosures for safety, security, and terms enforcement purposes.

Recent Activity

This document changed recently

Medium Jun 26, 2026

The updated privacy statement removes the previous detailed list of third-party sources from which Microsoft obtains personal data, including data brokers, public social media posts, location service providers, co-branded partners, and developers. Under the revised language, Microsoft describes obtaining data from 'Microsoft affiliates, subsidiaries, and third parties' without specifying the categories or types of third parties as explicitly as before. The company states it has reorganized the document for greater clarity and accessibility, but the operational effect is that users receive less specific disclosure about where their data originates from outside Microsoft.

View change record →
Medium Apr 19, 2026

The updated policy establishes additional grounds on which Microsoft may retain personal data. While the prior version tied retention to specific user expectations and available deletion controls, the revised language authorizes retention for 'operating our business, meeting our contractual and legal obligations, improving and developing our products and services, protecting the safety and security of our systems and customers, and resolving disputes.' This expands the stated purposes beyond transaction fulfillment and legal compliance. The updated policy directs users to product-specific documentation for retention details rather than providing explicit deletion procedures and timelines in the privacy statement itself.

View change record →
Medium Apr 1, 2026

The updated policy now grounds data retention in five broad business purposes: operating the business, meeting contractual and legal obligations, improving and developing products and services, protecting system and customer safety, and resolving disputes. Previously, the policy articulated specific criteria for determining retention periods, including customer expectations for retention until manual deletion, availability of automated deletion controls, and data sensitivity. The revised language removes these granular criteria and instead requires users to consult individual product documentation to understand when their specific data will be deleted. This shifts the burden of finding retention timelines from the main policy statement to separate product-specific documents.

View change record →

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Export Your Data
    Submit a data access or portability request via the Microsoft privacy support and requests page to obtain a copy of personal data held by Microsoft, including content stored in Outlook and OneDrive.

If You Do Nothing

The terms authorize Microsoft to retain, access, and disclose personal data including email and file content under the stated good faith belief standard without requiring further user notification in all circumstances

Cross-platform context

See how other platforms handle Content Disclosure Under Good Faith Belief and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
Finally, we retain, access, transfer, disclose, and preserve personal data, including your content (like the content of your emails in Outlook.com or files in OneDrive), when we have a good faith belief that it is necessary to do any of the following: Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies. Protect the safety of our customers, organizations, and the public — for example, to prevent spam; stop attempts to defraud or otherwise cause harm, or to detect, prevent, and combat harmful or illegal behavior including the creation and sharing of harmful or illegal content. Operate and maintain the security of our products, including to prevent or stop an attack on our computer systems or networks. Protect the rights or property of Microsoft, including enforcing the terms governing the use of our services.

Excerpt from Microsoft's Privacy Statement (Legacy)

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1) REGULATORY LANDSCAPE: This provision engages GDPR principles of purpose limitation and data minimization, as well as Articles governing disclosure to third parties and law enforcement; the good faith self-assessment standard may require evaluation under …

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • FTC
    The FTC has authority over unfair or deceptive data disclosure practices under the FTC Act and holds enforcement powers relevant to Microsoft's privacy representations.
    File a complaint →

Provision details

Document information
Document
Microsoft Privacy Statement (Legacy)
Entity
Microsoft
Document last updated
March 5, 2026
Tracking information
First tracked
Aug. 1, 2026
Last verified
Aug. 1, 2026
Record ID
CA-P-00001002
Document ID
CA-D-00001
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
038c77f4e0e0960bdacc607fc616e0fe9c09d77f584fa91f8e3c4c3050fea6dd
Analysis generated
August 1, 2026 01:43 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Microsoft
Document: Microsoft Privacy Statement (Legacy)
Record ID: CA-P-00001002
Captured: 2026-08-01 01:43:30 UTC
SHA-256: 038c77f4e0e0960b…
URL: https://conductatlas.com/platform/microsoft/microsoft-privacy-statement-legacy/content-disclosure-under-good-faith-belief/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Microsoft's Content Disclosure Under Good Faith Belief clause do?

This provision establishes a self-assessed good faith belief standard as the threshold for accessing and disclosing user content including private communications and stored files; the standard encompasses not only legally compelled disclosures but also Microsoft-initiated disclosures for safety, security, and terms enforcement purposes.

Is ConductAtlas affiliated with Microsoft?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Microsoft.