This is how our system of jurisprudence works. If you don't like the ruling of the first judge to hear it, take your case to another court.
Personally, I don't care who collects my phone data. They don't even need storage space on a computer. They could keep an entire decade's records on a hand-written 3 x 5 card.
Yet I suppose on principle I should come down on one side or the other.