It isn’t about the fact that they have the technical capability, that much is trivially obvious; it’s about the fact that they’ve been running an insufferable ad campaign for who-knows-how-long-now about how privacytastic they are; but their actual privacy policy consists of 150 pages of output from a Markov process trained on randomly selected legal documents, along with a star chamber that houses adorable kangaroos.
If anything, it’s exactly those situations where an entity’s ability to do something is essentially unfettered that their degree of dishonesty matters most. If they didn’t have the capability, their honesty would be largely irrelevant.