It's humans all the way down
"samples awaiting playback and analysis, which are, apparently, scrubbed of any information that could identify those recorded"
And those samples have been scrubbed by what again ? A human, obviously. So I'm thrilled that MS employs someone to scrub the samples it submits to translators, and I understand that there isn't really other way to do it since machines have to be taught. I'm guessing MS is counting on the fact that everyone should know that only humans can possibly train a machine to translate, so it'll play dumb and run behind the EULA when confronted on this.
I take this as a storm in a teacup. Politicians are going to go ballistic over this ? Don't think so. MS has a rather solid position from a legal standpoint, so you can try to raise a stink, but unless the users react negatively, it won't go very far.
And the users don't care. They're buying and using stuff that they know listens to them and they don't give a damn until it goes "wrong" from their point of view. And even then, they don't send it back.