Spyware by any name is bad, and this law acknowledges it, so far as to protect children.
Leaving the data collection on all the time, makes data-collection part of the terms of use of the software. Which makes data-collection part of the business model. Which makes the software spyware. It is always watching you.
If I followed you around all day, you’d label me a stalker, If I didn’t approach you, didn’t proactively threaten you, didn’t tell anyone else what I knew about you, you could still legally bring sone level of force against me. How is constant telemetry any different?