YouTube’s Ad Blocker Detection Accused of Flouting EU Privacy Law

YouTube's recent crackdown on the use of ad blockers now faces an unexpected challenge - privacy laws. Privacy campaigner Alexander Hanff filed a complaint with the Irish Data Protection Commission (DPC) in October, arguing that YouTube's new ad blocker detection is illegal in the EU.

Hanff considers AdBlock detection scripts as spyware and considers it unacceptable to deploy them without consent.

While Google has denied the charges, privacy advocates in the EU believe that government regulations can put an end to YouTube's attempt to curb the use of ad blockers.

Hanff Calls Ad Blocker Detection Unethical and Illegal"

Hanff alleged that the deployment of the ad-blocking detection technology, which he claimed can be used to spy on personal devices, was unethical and illegal" in most cases.

His battle against ad block detection isn't new - he first filed a complaint to the European Commission in 2016 over the use of ad-blocking tools.

The anti-ad blocker feature, which YouTube runs experimentally in Europe, prevents some users from viewing content if they have an ad blocker turned on.

In response, the commission wrote that scripts used in the detection of ad blockers are covered under Article 5.3 of the ePrivacy Directive. According to the law, websites are required to obtain consent before they can access cookies or other information stored on their devices.

The commission confirmed that Article 5.3 also applies to the storage of scripts in users' terminal equipment by websites to detect if the users are using ad blockers.

However, it's worth noting that the commission potentially reversed its stance in 2017 when it reformed its privacy law. Under the updated law, websites do not need user consent to check if the users are able to receive advertisements.

It also added that if the end-user cannot receive all content, the website provider is allowed to respond appropriately and ask the users to turn off ad blockers for the website in question.

In his latest complaint to the Irish DPC, Hanff has drawn reference to his previous letter, demanding action on YouTube. The privacy campaigner claims that besides Article 5.3 of the ePrivacy Directive, ad detection technologies also violate the fundamental right to privacy under conventions like the Universal Declaration of Human Rights.

What Does This Mean for YouTube?

As of now, it's too early to predict who stands a greater chance to win this privacy battle. The case can go both ways, considering the European Commission's apparent legalization of ad blocker detection in 2017.

However, Hanff isn't alone in the battle against YouTube's ad blockers. German digital rights advocate Patrick Breyer, who is also a European Parliament member, has called it a move to forcefully implement surveillance advertising and tracking using an anti-adblock paywall".

Responding to Hanff and Breyer's allegations, YouTube spokesperson Christopher Lawton reiterated that YouTube will fully cooperate with any queries or questions from the DPC.

If the ad-blocking detection system is found to be in violation of the EU's ePrivacy Directive, YouTube could potentially face a fine in addition to being ordered to remove or modify the feature.

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