Possibly the discussion is using the wrong vocabulary. “Privacy” is an odd name for the good that is being threatened by commercial exploitation and state surveillance. Privacy implies “It’s nobody’s business,” and that is not really what Roe v. Wade is about, or what the E.U. regulations are about, or even what Katz and Carpenter are about. The real issue is the one that Pollak and Martin, in their suit against the District of Columbia in the Muzak case, said it was: liberty. This means the freedom to choose what to do with your body, or who can see your personal information, or who can monitor your movements and record your calls—who gets to surveil your life and on what grounds.
I like changing the argument to liberty. There’s a ton of Founding Fathers materials on the topic.
Of course, in my professional capacity there’s a different argument to make but one that still applies to the individual.
As we are learning, the danger of data collection by online companies is not that they will use it to try to sell you stuff. The danger is that that information can so easily fall into the hands of parties whose motives are much less benign.