[h-c-c]

It's not freely available, it's for sale. And just because private data is for sale does make it public.

[pixl97]

It's private property that happens to be data. The fact it's allowed to be collected and sold to anyone much less the government.

[nobodyandproud]

Which means that private consent in contract for data collection here is meaningless.

Similar to how one cannot sign away one’s constitutional rights in a contract.