No one is arguing that FB has not engaged in egregious and illegal behavior in the past. What pc86 and I are trying to explain is that in this instance, based on the details of the court docs, Facebook did not make a conscious decision to process this data. It just did. Because this data, combined with the billion+ data points that Facebook receives every single second, was sent to Facebook with the label that it was "consented and non-sensitive health data" when it most certainly was not consented and very sensitive health data. But this is the fault of Flo. Not Facebook.

You could argue that Facebook should be more explicit in asking developers to self-certify and label their data correctly, or not send it at all. You could argue that Facebook should bolster their signal detection when it receives data from a new apps for the first time. But to argue that a human at Facebook blindly built a system to ingest data illegally without any attempt to prevent it is a flawed argument, as there are many controls, many disclosures, and (I'm sure) many internal teams and systems designed exactly for the purpose of determining whether the data they receive is has the appropriate consents (which it did, that Flo sent to them). This case is very squarely #1 in your example and maybe a bit of #2.