What's created equal have to do with it?
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. ~ The United States's founding document.
All other documents and laws are to accomplish/enforce the statements of this Declaration of Independence.
Our nation started with our declaration and a pledge:
"And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor."
We are created equal, no one has the power to invade your privacy without due process. That concept as expressed in the Declaration of Independence and further clarified in the Constitution is the result of a British hero, John Wilkes.
The argument the judge is making is very similar to the argment the judge made in the 1700s that was countered by John Wilkes and recognized by our founders as essential for the United States.