I wasn't saying what we should do[1], just saying that if the reason data collection hurts a person is that the data is evidence of a crime then the situation involves more than just that person and we should think about it that way. It stops being enough to say that we should avoid all harm to the user. Instead, we need to ask if the harm to the user in recording the data might prevent or address greater harms.

[1] Personally I feel like providers should be legally barred from doing anything other than responding to warrants for information related to a real person and they should, in that case, be prevented from including any information linked through statistical imputation.