One person's spying is another person's whistleblowing.
For example, a commonly-held view online is that it should be legal to record interactions with police. By your definition, however, that would be "spying", as the police may not necessarily consent.
A lot of police interactions happen in public, and additionally when police are on duty and interacting with the public they have a reduced expectation of privacy.
It's generally only recording private conversations that's illegal.
It feels like you didn't think about the differences between the two situations at all
For example, a commonly-held view online is that it should be legal to record interactions with police. By your definition, however, that would be "spying", as the police may not necessarily consent.