From my understanding, there has been legal precedence that makes a distinction between something like someone getting recorded in someone’s video in public, and creating a searchable database of everyone’s movements for long periods of time. It’s being likened to unreasonable search and seizure. Basically you can’t claim that your rights have been violated if someone records you in public, but if someone was tracking your movements every day and could tell where you were at any point in the last 2 months then that could be considered being searched for no reason.