The expectation was generally that government services would not proactively record non-targeted information about services rendered, ie, that they'd have a spe

The expectation was generally that government services would not proactively record non-targeted information about services rendered, ie, that they'd have a specific cause they could articulate before they'd use their position to gather data about citizens for the purposes of tracking, profiling, etc. When the laws governing this were written, it was generally impossible to do what they're doing now, so it wasn't specifically addressed. Claiming that impossible to predict growths were not specifically covered does not mean that they shouldn't be covered, merely that the people who write our laws aren't oracles. It may not be illegal, but it's clearly against the intent with which the law was written, and should be addressed by a new law which reflects the growing power of technology in society.