i have apple intelligence off. and i use clean up in photos regularly. 2 separate things, so nothing to worry about.Yes, I turned it off in Settings and the toggle switches are definitely off but, I can go to Photos app and still use Clean Up on photos. So, we can't totally turn it off. It may not be off in any kind of way even after turning it off in Settings it looks like. I have even restarted after disabling system protection, deleted the large files in System/Library/AssetsV2, that's where the intelligence files are but, Apple ends up reinstalling/downloading them. So, we can't get rid of it. Actually Apple hasn't redownloaded the largest file that was 5.27GB named com_apple_MobileAsset_UAF_FM_GenerativeModels.
meanwhile...we own our macs. the OS is apple's, they can design it to work as they see fit. AND we can turn AI off. so the sky really isn't falling....