Copyright and data protection are separate issues and even so, FADP doesn't let people off that easily. From the same article 4:

> Personal data may only be processed for the purpose indicated at the time of collection, that is evident from the circumstances, or that is provided for by law.

> The collection of personal data and in particular the purpose of its processing must be evident to the data subject.

Note that it adds the qualifier "for the purpose indicated at the time of collection". I don't think there's a realistic argument that Facebook's UI indicates or makes evident, at time of uploading/posting a photo, that the photo can be used by third parties performing facial recognition.

And then, even if you give Facebook consent to do certain things, that consent does not extend to third parties scraping it.

Yes, but (a) one can be in pictures without having any agreement (b) fb license cannot grant you rights contradicting swiss law (my assumption, neither lawyer or swiss), ...

I believe slips this knot by making any uploader responsible for securing rights from every person in any picture they upload, no?

You are not supposed to upload pictures showing non-users. Facebook upload wizard clearly tells you that.

How is Facebook supposed to enforce that?

I suppose they could use facial recogniton to prevent those uploads...

Licensing and processing are entirely orthogonal rights. The former does not grant the latter under the GDPR framework.

Does the GDPR apply to Switzerland though?

No, only European Union

Actually, it’s more nuanced than that. GDPR applies anywhere if you offer a service in the EU or monitor EU subjects’ behavior in the EU.

(PDF link) https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_gui...

It is not subject to GDPR, but Switzerland implements everything in GDPR by themselves. Ukraine, former Yugoslavia, and Turkey do the same.

Parts of former Yugoslavia are actually in the EU (Slovenia, Croatia).

I meant the parts that are not in EU, such as the Republic of Serbia (which is different from the Serbian Republic).