Google to Lift Ban on Fingerprinting for Advertisers
Google’s recent decision to allow advertisers to use fingerprinting techniques, starting 16th February 2025, has sparked concerns from privacy advocates and regulators. The UK Information Commissioner’s Office (ICO) has labelled this move “irresponsible,” warning that it undermines user control and privacy expectations.
What Is Fingerprinting?
Fingerprinting is a tracking method that collects detailed information about a device's hardware and software, such as browser type, operating system, screen resolution, and installed fonts. These data points, when combined, create a unique identifier for a user or device. Unlike cookies, fingerprinting is not easily detectable or manageable by users. Even actions like clearing browser data or disabling cookies cannot prevent this form of tracking.
Why Fingerprinting Raises Privacy Concerns
The nature of fingerprinting is that it is particularly concerning for privacy-conscious users. Unlike traditional cookies, which rely on user consent via visible prompts, fingerprinting operates invisibly, offering little to no transparency. Users are unable to easily control or opt out of such tracking, posing a significant challenge to fundamental principles of privacy and consent.
The ICO has pointed out that fingerprinting could replace the role of third-party cookies, which are being phased out due to privacy concerns. By doing so, businesses might bypass users’ ability to choose how their data is collected and used, a key tenet of data protection laws like the UK GDPR and the Privacy and Electronic Communications Regulations (PECR).
Google’s Shift in Policy
In 2019, Google condemned fingerprinting as a practice that “subverts user choice and is wrong.” However, its recent policy shift reflects a growing focus on connected TV (CTV) and other emerging advertising platforms. Google argues that advancements in privacy-preserving technologies can mitigate concerns, enabling advertisers to reach audiences effectively without compromising privacy.
Despite these claims, the ICO remains skeptical, emphasising that the use of fingerprinting must be lawful, transparent, and subject to user consent. It has announced plans to engage further with Google on this policy and has issued draft guidance to help businesses understand their obligations under data protection laws.
Implications for Businesses
Google’s new policy highlights a significant shift in the digital advertising landscape. Businesses must tread carefully when considering fingerprinting to avoid breaching data protection laws. Key obligations include:
Transparency: Clearly inform users about how fingerprinting works and why their data is being collected.
Consent: Obtain freely given, specific, and informed consent before employing fingerprinting techniques.
Fair Processing: Ensure that data collection practices are lawful and respect users’ rights, including the right to erase.
The ICO has also cautioned businesses against viewing fingerprinting as a simple alternative to cookies. Meeting legal standards for its deployment is likely to be challenging, requiring rigorous adherence to privacy regulations.
This development highlights the growing tension between technological innovation and privacy protection. While businesses seek to adapt to the decline of third-party cookies, methods like fingerprinting present ethical and legal challenges.
How Can Gerrish Legal Help?
Gerrish Legal is a dynamic digital law firm. We pride ourselves on giving high-quality and expert legal advice to our valued clients. We specialise in many aspects of digital law such as GDPR, data privacy, digital and technology law, commercial law, and intellectual property.
We give companies the support they need to successfully and confidently run their businesses whilst complying with legal regulations without the burdens of keeping up with ever-changing digital requirements.
We are here to help you, get in contact with us today for more information.