YouTube’s recent crackdown on ad blocker usage in the platform is facing a challenge over privacy issue.
Privacy consultant based in Ireland, Alexander Hanff filed a complaint in October with the Irish Data Protection Commission (DPC) against YouTube for alleged unlawful surveillance.
Hanff argues that the ad blocker detection scripts that YouTube is running are spyware and are illegal under EU online privacy laws.
Historically, Hanff already reached to European Commission regarding the use of ad blocker detection tools in 2016. And the commission confirmed that such scripts fall under Article 5.3 of the ePrivacy Directive—a measure requiring websites to ask for user consent for storing or access to information on a user’s device, like cookies.
The commission wrote at the time that Article 5.3 is not limited to any particular type of technology, such as cookies. And that the measure “would also apply to the storage by websites of scripts in users’ terminal equipment to detect if users have installed or are using ad blockers.”
YouTube says that using ad blockers violates its Terms of Service, and that ads on the platform helps its content creators. If a user is using an ad blocker when accessing YouTube, a notification will repeatedly appear blocking video playback—all the while plugging its ad-free YouTube Premium subscription.
“I consider YouTube’s [ad blocker detection] script to be spyware—a.k.a. surveillance technology, as it is deployed without my knowledge or authorization to my device for the sole purpose of intercepting and monitoring my behavior,” Hanff explained.
If the European Commission concludes that YouTube’s ad blocker detection scripts are unlawful under EU’s ePrivacy Directive, they could fine the platform and impose changes to its anti-ad blocker systems.
However, the outcome won’t likely make any changes on the existing systems for other places outside the EU region.
