Re: "the law doesn't specifically say we can't so we obviously can"
Access cannot be conditional on consent. It's against the law.
Since you are totally against tracking, I presume you would be okay with me using your online banking account and having tracking disabled on that particular bank's webpages?
I do know that there is a reason tracking must be conditional on consent in some locations, but that the same time there should be a public "free (no tracking mode)". It is interesting that folks think they need more tracking is some locations such as banking and less tracking in other situations. To me, this is easy as I just don't use the sites who want to track me on publicly available information. Please do the same.