Can confirm in 24w38a and 1.21.2
I have attached videos showing the difference between survival and creative to better illustrate this "bug" with creative mode. (Unsure if it is actually a bug, or unspecified behaviour not explained to players).
erm, profile editor tab -> right click profile -> delete profile..
Apologies for duplicate entry, search showed nothing at time till after I posted bug.
Correct fix would IMO be adding a predicate to the existing advancements for survival/adventure mode, rather than hard coding a check for spectator mode; as advancements are often used by datapacks as an event system to trigger functions based on player actions.