This is programmer thinking, laws aren't algorithms.

The laws regardless this almost always make a distinction between intentionally surveillance and by chance background noise. Taking a picture of the street with people on it doesn't matter, recording the street 24/7 probably does, and purposefully singling someone out and photographing them definitely matters.

We already kind of have this. Think about it - stalking is illegal, but you've walked behind people right? You've glanced into someone's window before, right? You've taken a picture of a random person before, right?

So why aren't you in jail? Because laws aren't algorithms