EU Strikes Down YouTube’s Ad Blocker Ban

• A privacy advocate challenges the YouTube ad blocker ban in the EU.
• EU privacy law mandates user consent for ad blocker detection.
• Hanff believes that YouTube’s ad blocker detection script poses a threat to the privacy of EU citizens.

Privacy advocate Alexander Hanff has appealed to the European Commission, alleging that YouTube’s ad blocker restrictions violate EU law.

Since the start of this year, YouTube has initiated ad block detection in Europe, limiting access to its content to specific users employing ad blockers. This action aligns with the EU’s ePrivacy Directive, which mandates online service providers to secure explicit consent for accessing information on a user’s device.

According to Hanff, an advisor to the European Data Protection Board, YouTube’s use of JavaScript scripts to detect ad blockers, which search for specific HTML elements on webpages, should comply with the EU’s ePrivacy Directive. However, he contends that YouTube is not adhering to this regulation.

Haniff is urging Ireland’s Data Protection Commissioner (DPC) to take action against YouTube in his complaint. “for this breach of the law and demand YouTube cease their unlawful deployment of adblocker detection tools.”

Hanff, involved in the upcoming revision of the EU’s ePrivacy regulations, believes that YouTube’s JavaScript poses a threat to the privacy of EU citizens. He claims that the script used by YouTube to detect ad blockers reads information about the software running on users’ browsers and observes their browser behavior concerning private activities.

“We have a fundamental right to privacy under Article 7 of the European Charter of Fundamental Rights. We have a fundamental right to data protection under Article 8.”

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YouTube’s ad blocker detection methods involve using a JavaScript program within the user’s browser. Despite this, YouTube asserts that it can employ server-side techniques to discreetly identify whether a delivered advertisement has been viewed by the user.