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Currently Bing search has no option unlike Google search to opt out of saving history. Although Bing search can be set to not save history, it still saves the history of the user in the Microsoft account (if logged in) even though the search setting says otherwise.

Is it illegal to mislead the user in this way? If it is indeed mentioned in conditions, is it not illegal to not provide an option to opt out as per EU law. I am asking for EU privacy law in case the answer needs to be specific.

Edit 1: Bing history page is in : https://www.bing.com/profile/history

Microsoft Account History: https://account.microsoft.com/privacy/activity-history

You can see all your history in the second link even if the search history is disabled in the Bing History page.

Edit 2: Yes I mean about GPDR. It is enforceable from 25th May 2018. So they should comply before that or else they will be fined?

  • I can't access the Bing settings page, can you provide the exact quote, or preferably a screenshot? If the wording is "Do not display your recent search history" as written below, I don't see it as misleading. – André Paramés Mar 31 '18 at 16:36
  • In any case, I don't think current EU directives require an option to opt-out. The GDPR isn't in effect yet. – André Paramés Mar 31 '18 at 16:37
  • Exactly which "EU privacy law" are you referring to? Link? Are you talking about the GDPR? – BlueDogRanch Mar 31 '18 at 22:26
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Why do you think you've been mislead? Read the TOS for Bing; you agree to it when you use the service. The TOS will clearly outline what data is saved for all users, including the EU. If you don't like the fact that Bing saves data, don't use the service. Microsoft is under no obligation to offer the same options as Google. Besides, it appears you can opt-out of Bing saving search data; see https://www.bing.com/profile/history and login to your Microsoft account.

Update 4/01/18: Since by "EU privacy law" you mean the General Data Protection Regulation GDPR (Wikipedia), realize that the GDPR can be enforced after 25 May 2018. There was a two-year transition period before that date that allowed for education and for companies to come into compliance and be ready for the beginning of the enforcement date. Look for changes in the Bing profile and dashboard around 25 May, as well as changes in their TOS.

  • Bing search opt out saves the data in Microsoft account and merely hides it in Bing history page. There is no option to opt out of microsoft account history. – Max Payne Mar 29 '18 at 16:03
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    If OP is correct about EU law, then Microsoft is indeed under an obligation to offer one of the same options as Google, namely the option to opt out of having your search history saved. "Do not display your recent search history" does not meet this requirement. (If you choose to edit to expand your point, there are a couple of typos you could fix.) – Tim Lymington supports Monica Mar 29 '18 at 16:09
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    The option you mention is exactly what the original question has a problem with. This "opt out" setting does not actually opt out of saving - it only removes the display of such history from the user. – Nij Mar 30 '18 at 2:39

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