It would be different if Facebook didn't have those rules in place, then they could claim innocence for the data arriving at their servers.
And if would be different if EU law didn't explicitly forbid collecting data without the consent of the ones creating the data. And no, it's not the responsibility of the users to take care to not create the data in the first place. It's always the fault of the one collecting it afterwards without consent. "But it is out there and can easily be collected" is not a valid argument in the view of EU law.,