Both of your examples are governed by the same set of privacy laws, which talk about consent, purpose and necessity, but not about scale. Legislating around scale open up the inevitable legal quagmires of “what scale is acceptable” and “should activity x be counted the same as activity y to meet the scale-level defined in the law”.
Scale makes a difference, but it shouldn’t make a legal difference w.r.t. the legality of the activity.