"If invasive tracking is outlawed then only outlaws will use invasive tracking." The problem is that symmetry is impossible.
I'm not advocating to outlaw invasive tracking, rather advocating on solving the problem of the use of invasive tracking to harm people.
Them knowing is not the problem. Them using it to harm me is the problem. These are different thing, latter is a problem, former is not.
Let pick this one example :
'your restaurant visits and shopping habits'
Just them knowing is not problem, in fact them knowing can also benefit me: e.g when they want to give me gift.