this post was submitted on 09 Jul 2023
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They could, and then they could also be charged with stalking.
It's not just ease of collection. It's how the data is being retained, secured, and shared among a great many other things. Laws just haven't kept up with technology, partly because yeah 70yo politicians that don't even understand email but also because the corporations behind the technology lie and bribe to keep it that way, and face little consequences when they do so improperly or mishandle it. E.G.
https://www.cbc.ca/news/politics/cadillac-fairview-5-million-images-1.5781735
When the government does it, we seem to have even less recourse.
Would it be stalking if you signed a legal agreement that allowed them to track you? That is the reason the California law exists. Most of us have accepted a license agreement to us an app or service and in exchange we gave up privacy rights. And it may not have even been with the company consuming the data.
Sadly the law requires you to contact everyone to demand your data be deleted. Passing a law to have the default be never store my data means most of social media goes away or goes behind a paywall. This also goes for any picture hosting company who charges you nothing for hosting as they use your images.
This would also most likely mean that very explicit declarations must be made to allow anyone to use your material causing a lot of business to say it's too big of a risk and ditch a lot of support.
Right now we kind of work on good faith which maybe doesn't work.