We know that data goes back to the ITMS to get a sales recommendation; we do not know if that data is actually 'collected' or stored in a persistent manner.
This functionality comes in an update that does not present a new EULA if it is installed over an existing iTunes version. Thus, there is no disclosure of this.
This has the potential to be more dangerous for Apple than it normally would be for other companies, given their pro-consumer image and their dominance of the portable mp3 player market. While I don't think what is actually going here is anything terrible or worrisome, it is the implications of where this approach could go and the lack of proper disclosure that will create any PR headaches this causes.
At this point in time, turning off the Mini Store solves the problem completely.
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