Wouldn't the better comparison still be against an AI provider with better privacy controls, especially if that's what someone cares about (even if they don't care about whether they're comparing a 35 billion param model vs a x trillion param model)?
Users generally have no way to verify that a third-party provider, even if they advertise themselves as privacy-focused, will adhere to their own terms. This is similar to the issue of privacy-focused VPN providers that claim to not log user activity (and then end up leaking user activity). You can get proof of ~P, but rarely proof of P, and often times the proof of ~P is due to police raids, data breaches, etc., not something of the provider's volition.
What you can possibly audit is probably data sovereignty. For instance, I would not be surprised if Mistral's customers demand concrete evidence that their data is held within the European Union. But that is a distinct issue from training on input tokens.