We can absolutely say that, for instance, taking pictures in public is legal but surveilling is not. We could say that recording public spaces systematically, for the purposes of surveillance, is not permitted. That does not require us to say that individuals cannot record in a public place. We can even say that individuals or companies are not allowed to collude to effectively turn individual recordings into systematic public surveillance (e.g. you can't build a product that searches everyone's personal videos of spaces and turns them into a spotty surveillance network).