Well, it matters if the photographer is the government (or contracted by the government, or subpoenaed by the government): see Chatrie v. United States [0]. The Fourth Amendment exists, and it remains to be tested whether querying massive surveillance networks is a "reasonable" search.

[0]: https://www.scotusblog.com/cases/case-files/chatrie-v-united...

True but the Fourth Amendment doesn’t rely on the CCPA for authority!