the latest date consent given (or taken away) takes precedence, consent requires an clear&affirmative action, so if that part can be recorded - do as you please.
Consent/tracking doesn't mean solely 'cookie' banners.
To which I'd say: they shouldn't even see the cookie banner in that case. DNT alone is enough.
And if I say "yes, actually, even though it was very rude of you to ask, given the shirt that I am wearing...in fact, I would like to have sex with you," then you should at least have the decency to wait for me to take my shirt off before having sex with me.
If I decide it's really not worth the effort to take the shirt off, then it turns out, actually, no, I really did not want the sex after all.