Hmm, It is very iffy I think... Technically flight is a service, so I don't think by definition anything that isn't against the law would be a loss of a right.
However we all have personal rights to privacy that simply aren't protected, but in some cases the majority is fine with it not being protected becasue it doesn't harm them for x, y, or z reason. So is it right to go through as many hoops to protect everyone, or leave some out in the cold? It's really an unanswerable question becasue neither is a perfect solution.
Who knows.