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Because it turns out consent doesn't work that way. It has to be informed, it doesn't count if there's trickery.

Just because you have the physical ability to upload some data doesn't mean it's legal to.

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Users consent to give access to the camera roll so to be able to upload specific photos from the gallery, not for Meta to get photos from there like it's an open buffet.
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Meta is not even accused of "getting" photos from there! It just suggests to the user they might want to upload them. No action is taken independently.
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