As YouTube intensifies its efforts to combat ad blockers, privacy watchdogs in the European Union are pursuing legal action to halt the crackdown.

Privacy expert, Alexander Hanff,  submitted a complaint to the Irish Data Protection Commission (DPC) in October. Hanff alleges that YouTube’s ad blocker detection system infringes upon user privacy — a claim that Google refutes — and violates EU data protection regulations.

Hanff said, “AdBlock detection scripts are spyware — there is no other way to describe them and as such it is not acceptable to deploy them without consent. I consider any deployment of technology which can be used to spy on my devices is both unethical and illegal in most situations.”

YouTube’s recent decision to more aggressively block ad blockers has sparked criticism from users and privacy advocates. The company’s methods of detecting ad blockers, such as using JavaScript code or checking for elements required to load ads, have been met with resistance. Many users are now searching for ad blockers that can bypass YouTube’s restrictions. YouTube maintains that ad blockers violate its terms of service and prevent creators from earning revenue.

In 2016, Hanff expressed his concerns to the European Commission regarding the use of ad blocker detection tools. The commission responded by clarifying that scripts used to detect ad blockers are subject to Article 5.3 of the ePrivacy Directive. This rule mandates that websites obtain user permission before storing or accessing information on a user’s device, such as cookies. The commission stated, “Article 5.3 is not restricted to a specific type of information or technology, such as cookies.” “Article 5(3) would also apply to the storage of scripts by websites on users’ terminal equipment to determine whether users have installed or are using ad blockers.”

In his latest complaint to the European Commission, Hanff reiterates his earlier concerns about YouTube’s use of ad blocker detection tools. He urges the Irish Data Protection Commission (DPC) to take action and prohibit YouTube from employing such practices. Hanff contends that not only does this violate Article 5.3 of the ePrivacy Directive, but it also infringes upon the fundamental right to privacy enshrined in the Universal Declaration of Human Rights and other conventions. Since filing his complaint, Hanff has reportedly received acknowledgment from the DPC.

In response to Hanff’s allegations, YouTube spokesperson Christopher Lawton echoed the company’s previous statement, emphasizing its ongoing global campaign to combat ad blockers. Lawton reaffirms YouTube’s commitment to cooperating with the Irish Data Protection Commission (DPC) if requested.