I think their argument is that FB has a pipeline that processes whatever data you give it and the idea that a human being made the conscious decision to use this data is almost certainly not what happened.
"This data processing pipeline processed the data we put in the pipeline" is not necessarily negligence unless you just hate Facebook and couldn't possibly imagine any scenario where they're not all mustache-twirling villains.
"This data processing pipeline processed the data we put in the pipeline" is not necessarily negligence unless you just hate Facebook and couldn't possibly imagine any scenario where they're not all mustache-twirling villains.