My previous car sometimes came up with a warning that eCall currently is not available. I'd attribute that to bad reception which means that connection at least has been tried.
Your previous car could have had a non-compliant implementation, but it could be that the system run a passive network scanning from time to time, without trying any connection, just because it would be way faster to connect to a network and send a message if there is an up-to-date list of the compatible available operators. Having a better understanding about the specifics of the various implementation would be interesting. The devil is in the details :)
Note that the linked document applies only to eCall In Vehicle System. Nothing prevent manufacturer to install a second system, using the same or separate modem, and track user's location and actions continuously. If the law requires you to install a GPS receiver and a modem, it would be uncapitalistic not to try to gain some profits from the data.
Devices that allow tracking when no accident occurred, violate the current regulation. This is stressed multiple times. "not connected to the mobile phone networks until a serious accident happens" -- https://ec.europa.eu/newsroom/dae/redirection/document/5963
"it is not permanently connected to mobile networks" -- https://ec.europa.eu/commission/presscorner/detail/fr/MEMO_1...
"not connected to the mobile phone networks until a serious accident happens" -- https://ec.europa.eu/newsroom/dae/redirection/document/5963
There is even a technical test to check if the device is compliant with the privacy regulations: "Procedure for verifying the lack of traceability of an eCall in-vehicle system", where the "Failure to establish the connection can be attributed to the 112-based eCall in-vehicle system not being registered on the network" -- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32...
Registering the SIM on the network before an accident occurred could be considered a violation indeed.