Yes, the difference is that responsibility is diffused in the former and nobody can be held accountable for it, despite a similar outcome.
And there are plenty of institutions (law enforcement in particular, but there are many others) that actively behave in a racist manner. Again, since there's no policy, nobody in practice can be held accountable for it.
So no, nobody should be surprised that racism is alive and well in 2022. It thrives in the intersection of personal bigotry and the wide open space of discretionary power exercised by figures of authority.
One cannot logically conclude from a "racist" outcome, however that is defined, that the inputs to that outcome are also racist, because the intervening interactions are so complex and uncontrollable (that is, it is a chaotic system) that the outcome that emerges is almost always not what anybody intended. That is, the activities of institutions with no "actively racist" policies may very well result in "racist" outcomes. I believe we are in agreement here.
Where we disagree is on the thesis that you can control for the outcome of such a chaotic system, especially using something as flawed as the postmodern "anti-racist" movement that is in vogue. Many eggs have already been and will continue to be broken in service of the anti-racist omelette, and we will all be the worse off for it.
And there are plenty of institutions (law enforcement in particular, but there are many others) that actively behave in a racist manner. Again, since there's no policy, nobody in practice can be held accountable for it.
So no, nobody should be surprised that racism is alive and well in 2022. It thrives in the intersection of personal bigotry and the wide open space of discretionary power exercised by figures of authority.