Sure, and price fixing scandals are “just using email”. It’s not what they used, it’s what they did with it. In this case, what they did with it is share with Google a huge amount of extremely private, legally protected information.
If you and I have a legally binding contract that forbids you from sending me a certain class if information, and you then violate that agreement by sending it anyway, have you "shared" that with me, in a way that makes me your co-conspirator?