It’s literally what’s happening.
Texas used the same concept to empower private people to sue abortion providers and receivers under civil law since they couldn’t do it criminally.
The country as a whole has done it for a long time with cellphone data, the five eyes alliance, etc.
They have access to information they’re barred from getting directly themselves, and they get it from private companies. Spying by proxy.
Not for long.
https://www.vice.com/en/article/wxje8n/researchers-use-ai-to-generate-images-based-on-peoples-brain-activity