In a response to the CEO of ThinkPrivacy Inc., Alexander Hanff, who inquired about the scope of the e-Privacy Directive’s “Cookie Law”, the European Commission made it clear that it doesn’t “limit itself to any particular type of information or technology, such a cookies”.
The “Cookie Law” states that, “[t]he storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent …”.
Due to its vagueness, a literal interpretation would mean that the cookie law applies to all types of information – including whether or not a user blocks ads.
According to the European Commission’s response, Hanff asked if the cookie law “covers storage of scripts to detect if users have installed ad blockers in their computers”.
“Hanff’s strategic (and misplaced) use of the word ‘storage’ intentionally loads the question.”, argues BlockAdblock.
“By framing the question this way, he suggests that anti-adblock technology works something like a cookie, somehow involving ‘storage’. Hanff’s entirely misleading premise here is that ‘scripts’, like cookies, must be stored and retrieved as part of their normal function.”, said BlockAdblock. “Hanff’s