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Comment by TomMarius | Hacker News Reader

Why wouldn't they? It's their business and you have the option of not doing business with them.

But I just explained how people don't necessarily have that choice, given that they still collect data on people who are not members of Facebook.

So how exactly do they collect data on people who are not on FB? Through websites with their tracking codes - and that's why the EU introduced so called 'cookie law' that says a website can't track you until you give consent (e.g. by continuing to use the website).

There's of course the way of other people giving them your data such as photos of you - but that's illegal and against FB TOS.

I will repeat my comment as you seem to be repeating the same argument.

It's not "consent" as understood by GPDR and ePrivacy. You had no recourse not to give it, therefore it was not willing and informed. Implied consent ("agree or leave") is not deemed sufficient by GDPR. According to the law you can't condition the service you're providing on collecting unrelated (to that service) data.

GDPR is a new law that's not even codified in most of the EU. FB is an USA company.

GDPR has been there for 2 years [1] and will start to be enforced come May. Facebook has a presence in the EU, since they're selling data about European users to European companies. Therefore they need to comply with European law.

[1] http://eur-lex.europa.eu/eli/reg/2016/679/oj

Where do facebook ToS forbid uploading pictures of non-members?

In the part where they ask you to follow the laws. Also not of "non-members" but of "people that didn't give you consent to share the content with a third party".

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