Google can even help agencies by automatically informing them if the "target" fits "free to access" criteria. And everybody is still not breaking the law.
Moreover, the amount of belief by agency that the data are "free to access" is enough to be only 51% to make it lawful.
Please write if you know more nuanced details about these limitations. Everybody should be informed about the laws, that's why they exist and why they are called laws.