Picture someone who installs an ad blocker to stop all online advertisers from tracking them.
When they visit websites, they click “accept” on cookie notices, thinking their ad blocker already blocks any tracking from those cookies.
However, advertisers are still gathering their data by sending it directly from their servers (or using a server-side tag management tool) to advertising platforms.
Their reasoning is based on the fact that the website visitor “accepted” cookies.
The ad blockers can’t block this method used to circumvent ad blockers.
Informed Consent
This raises questions about whether the person agreed to this data collection.
They believed their ad blocker stopped all tracking, so they didn’t realise their data could and would still be collected in other ways.
They didn’t give proper permission because they weren’t fully aware of what was happening.
That is, companies send personal data using custom code or third-party tools without any cookies.
Advertisers must be transparent about collecting and using data so people can make informed choices.
It is not just about cookies.
Respecting User Choice
Using an ad blocker is a deliberate action to prevent tracking—it’s a clear choice the person made.
They don’t want to see ads, and they don’t want to be tracked.
They might accept all cookies with little thought, especially if they trust their ad blocker to protect them from advertising trackers.
Ignoring their choice to use an ad blocker disregards their clear preference.
Companies should respect this choice more than the relatively passive act of accepting cookies.
Moreover, accepting cookies does not imply consent to sending personal data from server to server.
Fairness
Fairness means treating people right and meeting their expectations.
When advertisers bypass ad blockers by sending data from their servers, they exploit a loophole most people are unaware of.
This creates a mismatch between what users think is happening and what’s happening.
It’s unfair because it exploits people’s lack of technical knowledge.
What Advertisers Should Do
Advertisers should focus on being honest and building trust with their audience.
While getting more data might help them in the short term, it can harm their reputation over time.
They should openly communicate how they collect data and honour the steps people take to protect their privacy, even if there are ways to get around those protections.
Considering issues of proper consent, respecting people’s choices, and fairness, it’s inappropriate for advertisers to send data to ad platforms in this hidden way.
Ethical digital marketing practices require advertisers to honour users’ clear intentions to avoid tracking. If website visitors block ads, this should be understood as not consenting to tracking.
By doing so, advertisers act responsibly and build trust with consumers, which benefits everyone in the long run.