While I'd generally agree that Apple is the better of the two on the privacy side it's still a false choice because you pretty much have to pick one as a regular person as things currently stand.

It becomes harder over time to function in society without a smart phone (I know this because I barely use mine and it usually lives at home but my partner runs her life off hers).

I agree but it's clear why you could argue it should be elect from a legal standpoint.