This is an arbitrary rule encoded into the rules of the league by the EFL themselves. It isn't a law, it isn't a matter of human rights or social justice.
It's a rule that says you cant observe opponents 72 hours before a competitve game with them.
The rule is strange in that it suggests it is more accepted if done outside the 72 hours. Does 'acting in good faith' apply here, in that spying isn't 'good faith' in the mind of the EFL rule makers?
It's all absolute bollocks and fluff.