Many people have BT turned off to prevent tracking in shopping malls, shops, etc. etc.
So the BT requirments thwarts the protection against BT tracking.

The only valid way I see is if there would be a way to send BT packets (they are broadcast) WITHOUT source BT address. (or WW use the same address...).

Although that would mean any BT tracking device needs a small update to also handle the DP-3T protocol enough to at least record EBID's.