With the coffee shop, it makes sense; the cameras in retail are expected to only be used for review, when some event occurs. No one expects it to be used for data mining and behavioral analysis purposes. And even if it were, the expectation is that this would be for academic purposes; that is, with no real commercial intent.
Worst case scenario is that it'd end up being archived in a box of tapes somewhere.
Datamining abuses this expectation. But it makes sense for the expectation to exist; it was the norm until extremely recently.