This would almost certainly be the end result in the US too, if a plaintiff would have standing to sue. Unfortunately, that's the Catch 22 that's really prevent

This would almost certainly be the end result in the US too, if a plaintiff would have standing to sue. Unfortunately, that's the Catch 22 that's really prevented any of the particularly egregious practices from having their legal justification scrutinized in a court of law. However, because these programs are secret, you have by definition no way of knowing that you've been harmed and therefore have standing.