I disagree with this sentiment. If you do not track any user activity on your site, then perhaps there is not need to have a pop-up warning in your face. But

I disagree with this sentiment. If you do not track any user activity on your site, then perhaps there is not need to have a pop-up warning in your face. But the fact that you willingly do NOT track user activity IS your privacy policy. The policy does not go away. As a user visiting a site, I would much rather have the policy accessible, even if it says that the website does not have any tracking enabled. Edit: And I'm surprised that a legal advisor would recommend to remove the policy entirely. Isn't it generally better to be explicit and forthcoming, rather than say nothing at all?