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It depends on how Congress writes the law that would enable CDBC.

They could simply copy & paste the existing laws regarding banking privacy, e.g., RFPA.

As if the FISA courts wouldn't be employed to circumvent any constraints placed on the system by congress.

That's already the case with existing banks so not much of a useful distinction to make here.

This is a legal problem, not a technical one.

They already do, they just have to ask Visa/AmEx/Mastercard nicely.

Not if you pay in cash. The problem with many of these proposals are that the backers also want to start limiting the use of cash.