Suppose facebook has the ability to look at a photo and determine who is in the photo, and the court determines that amounts to storing biometric data (despite

Suppose facebook has the ability to look at a photo and determine who is in the photo, and the court determines that amounts to storing biometric data (despite the explicit exclusion of photos from the definition of biometric data). Now facebook would have to get explicit permission from users and non-users to collect biometric data. How could they possibly not collect data from non-users? If they have the ability to turn the feature on at any moment, any photo of a person would amount to biometric data, whether the person was a user or not. There doesn't seem to be a good way to comply. They could not host photos (no way). They could stop pursuing facial recognition (yeah right). My favorite solution is to have them alter any new upload by blurring out the faces of any person who hasn't consented to them storing biometrics.