Collecting telemetry is not the same thing as surveillance. Using such vocabulary to describe what a phone does is both misleading and manipulating, playing into the angle of scaremongering people who do not want to be survived.
Are you a lobbyist for Google, Apple, Meta, or the adtech industry? Because if you aren't, you are parroting their bullshit.
It really doesn't matter. When you power on an android smartphone with google play installed for the first time you are presented with a gate screen that asks you to consent to google's privacy policy. You can't use the phone without accepting. (for example https://forum.fairphone.com/t/finalising-the-setup-wizard-wi...)
Using smartphones with such a setup should not become required by a European government on a fundamental level.