There are all kinds of ways this could potentially be invalidated in law, depending on your jurisdiction: privacy laws, computer misuse laws, unfair contract terms protections/limitations on what would be considered reasonable in a contract of adhesion, and indeed the fundamental question of what legal status any given EULA has and whether it is enforceable at all.

Unfortunately, governments seem unwilling to legislate to provide any clarity on EULAs despite their vast scope. Until they do, what we have is a mixed bag of case law, which has little consistency between jurisdictions or even sometimes within the same jurisdiction, and which in any case covers only a tiny number of very specific cases rather than giving much guidance on the broader principles.

I suspect that means if this is going to be struck down, it's going to be in places that have worthwhile privacy laws, which sadly are few and far between in the world today since technology seems to be running at least a decade ahead of the law's ability to deal with its implications, particularly with regard to form contracts and privacy where the increasing dependence on conducting business via automated on-line systems has profound implications.