It isn't recording surreptitiously. The data was collected as part of an optional feature which is a very intentional process where you start a scan and then move around the object being scanned to get data from multiple angles, and then click to upload the data to Niantic. The uploading is called out specifically as a separate step (at least early on it was common for uploads to fail, so it had the option to save the scan to upload later when you had better signal). There is nothing secret about the fact that Niantic is collecting this data.

The lack of transparency is about how Niantic is using the data, selling it to third parties for purposes unrelated to the game. And I agree with the parent that this is a fair trade for a free game, especially since that part is optional, but more transparency would be better.

I recall there being a pretty obvious notice when they first ask if you want to participate. Whether people read it is another thing.

The article doesn’t say when this collection happens but there is some part of the game the involves photographing specific landmarks which does involve pressing a shutter. I’m guessing that’s where this comes from but would be great to hear from a better source.