Nope, you don't. Those are two different things.
There are plenty of things that are made illegal without giving the government the power to search for them.
> You can’t arrest someone you think smells like weed if weed is legal.
You can't arrest someone by smelling like weed in any democracy where it's illegal either.
> You can't arrest someone by smelling like weed in any democracy where it's illegal either.
isn't true. Sweden is super strict on usage and if even a "normal" person and/or neighbour would smell weed from you or your place they'd definitely call the cops on you. If a cop smelled weed on you in public you'd get arrested immediately no doubt.
Yet, most people consider Sweden a democracy :)
If some random policeman can look at you, decide to arrest you with no real evidence, and it's all legal, that a huge Human Rights violation right there.
How does a judge deal with this? Do they rush to smell the culprit too?
This is a good analogy. By making the marijuana illegal, you also implicitly widen search powers. You can’t arrest someone you think smells like weed if weed is legal. (Or answer a neighbor’s complaint that they suspect they’re growing weed.)
Same idea. If you say you aren’t storing personal data and I say you are, someone’s got the authority to check. Those checks and confirmations cost time and money. With a complain-investigate set-up like GDPR (and American securities law), the burden is on the respondent.