I think we are reading separate implications from the same statement.

I (and others, and Google has not disabused anyone of this when asked), understand that to mean "Gemini always has access to a sliding 72 hour window of all your data, even if this feature is off".

You think it means: "Once you turn it off, Gemini has access for another 72 hours then it has no access".

The later is less alarming for sure, but the former appears what is actually happening.

Previously "off" meant "off". Now "off" means "only send/retain data for 72 hours".