Indeed it is, though not for the reasons you posted.
The Italian judge was "flat wrong", if I post a letter to you and all of your friends ridiculing you and recalling some time I observed people assaulting you, who is to blame for the resulting harm? Is it the Post Office, is it the CEO of the company running the Post office? Or is it perhaps me?
Google deserve to be smacked for the data packets they retained. But we must not conflate that with the legitimate actions of scanning the MAC/SSID/signal strength of local AP's for location data which streetview vans will/should continue to do.