Disclosure seems like a red herring, if there is no real choice other than to accept the update. If I get an update to my car that says "this may cause your car to explode at random times", and I don't want to scrap it, the only thing I can do is look around and see if other people are ignoring the warning, and then rationalize that it won't happen to me.

You can't ever look at consent outside of the context of the best available alternative to agreeing to something.