I can see it now... "Ladies and gentlemen of the jury, the evidence will show that the defentant's cellphone was at the crime scene at the specific time of the murder. Furthermore, the sensor data clearly shows a struggle consistent with repeated blows to the face as found on the victim..."
If each smartphone is unique then its a good and bad news for both consumers and companies. The data uniqueness make companies care less for the T&C agreement because they can anyway identify the uniqueness of the data. I fear that customer privacy is larger stake.
The only consolation might be that the data generated would be large and most of the softwares are not advance enough to discriminate. But more and more companies are investing in ways to encash the data that they have stored in the warehouses.