I think that's a poor case, because when you sign up and agree for eBay or for any of these things, you already agree to have the things delivered. That is one of the boxes you check when you sign up for the app and become part of it.
The issue is that you have provided a situation in which essentially you have self-regulation. The private sector self-regulates on its own initiative about what it thinks is a legitimate interest. You've given them a legal defence to say, “We believe that it is in our legitimate interest to use data in this way, even though it harms the individual.”
On that last phrase, basically directly from the bill, it is very curious how the department and you as minister and the government would think it would be okay to use data to harm the individual and give the legal authority to a private company to do that.