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
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.
The updated privacy statement clarifies that Microsoft Copilot collects data about your interactions with Microsoft websites and apps, in addition to previously disclosed device and product usage data. The policy now states that Copilot may use your conversation history, including saved memories, to personalize your experience across Microsoft products such as Bing, Edge, and MSN. You can manage your memories and control personalization features using the settings in Microsoft Copilot at any time.
View change record →⚠ 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.
Compare across platforms →"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)
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 …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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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.
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