Today I filed a formal complaint against #YouTube with the Irish Data Protection Commissioner for their illegal deployment of #adblock detection technologies.
Under Article 5(3) of 2002/58/EC YouTube are legally obligated to obtain consent before storing or accessing information already stored on an end user's terminal equipment unless it is strictly necessary for the provisions of the requested service.
In 2016 the EU Commission confirmed in writing that adblock detection requires consent.
I suppose that’s my point though. Most of this thread, and the page linked have been asserting clear and unequivocal violation of gdpr, but that doesn’t appear to be true. It hasn’t been tested or ruled on authoritatively, and the technical mechanism makes s difference as well. There is room to equivocate.
My own personal opinion is that I doubt the EU policy makers or courts will treat the mechanism to ensure the delivery of ads with as much skepticism as they treat tracking, fingerprinting, and other things that violate privacy. Courts and policy interpreters often think of the intent of a law, and I don’t think the intent of GDPR was to potentially undermine ad supported business.
My goal in replying throughout the thread has been to address what feels like misinformation via misplaced certainty. I’m all for explicit consent walls, but most people in this thread don’t seem to be taking an objective look at things.
I suppose that’s my point though. Most of this thread, and the page linked have been asserting clear and unequivocal violation of gdpr, but that doesn’t appear to be true. It hasn’t been tested or ruled on authoritatively, and the technical mechanism makes s difference as well. There is room to equivocate.
My own personal opinion is that I doubt the EU policy makers or courts will treat the mechanism to ensure the delivery of ads with as much skepticism as they treat tracking, fingerprinting, and other things that violate privacy. Courts and policy interpreters often think of the intent of a law, and I don’t think the intent of GDPR was to potentially undermine ad supported business.
My goal in replying throughout the thread has been to address what feels like misinformation via misplaced certainty. I’m all for explicit consent walls, but most people in this thread don’t seem to be taking an objective look at things.