[brandmeyer]

This comment is a fantastic example of the meta-battle which the tech industry has been waging. They have worked very hard to change the very questions in the privacy debate. In their terms, collection of the data itself is never under debate; all debates are framed in terms of how they are allowed to use data. In this case, the failure isn't the law or the company's compliance with it. It was the collection and retention of the data in the first place.