"I'm not sure I would make this piece today, anyway. I'm increasingly critical of artwork that attempts to engage with the theme of surveillance by replicating systems of surveillance. How fruitful can a conversation be about consent and privacy, when an artist does not seek their subject's consent?"
I also don't think it's as bad as you're making it sound. I feel it's akin to gray-hat security research. Maybe he crossed the line into "you shouldn't do that" but ultimately had a harmless intent and didn't cause any real damage. Not exactly whistleblower status but more like a comedian being granted the liberty to push some boundaries and spark potentially valuable conversations.