When you walk around in public, you are emitting photons that let me see you nude. Well, no human I know of can actually see you nude, but with some technology I can definitely do it unless you wear special clothing. So would you say me using that technology to take pictures of the photons people freely admit in public is fair and that I can then go sell those photos? Or does technology change things from how our society use to work?

In the same way a photo of the visible spectrum is not the same as a photo of lightwaves outside the visible spectrum, a photo is not the same thing as seeing someone, and using that photo to track their every facial expression, emotion, and interaction isn't the same as a photo.

Law has not yet caught up to technology, so we need to change the law.