Very astute remark! Add one and one together, and the picture becomes quite clear.

The way these chaps get away with it, is that nowhere is it mentioned as a purpose. It is considered a side effect. By not speaking about this side-effect, it does not exist.

This is also the way in which transgressions against absolute human rights are being supported legally. Emergency, and the fight against covid it not intended to destroy human rights. It is just a side-effect, unintended consequence, hence the measure are considered proportional, subsidiary and effective. (Bullshit of course, but this is the general idea within the judicial branch of our countries)