If you think you're safe trolling Facebook as you don't have an account think again. New allegations claim Facebook is not only tracking its members, it's tracking potential members and visitors. This includes those who may believe they have correctly 'opted' out of such monitoring.

Shocking.

The latest revelations from a Belgian privacy commission claim Facebook is using cookies to track everyone and anyone who jumps on the social network.

A report, commissioned [pdf] by the Belgian Privacy Commission, which analyzed Facebook's revised policies and terms, states Facebook is breaking European law with its latest user policies enacted on January 20, 2015.

"Facebook authorizes itself to (1) track its users across websites and devices; (2) use profile pictures for both commercial and non-commercial purposes and (3) collect information about its users' whereabouts on a continuous basis. Facebook announced the changes more than a month in advance, but the choice for its +1 billion users remained the same: agree or leave Facebook," states a summary of the report.

Such activity, according to the report, is in violation of EU laws and states Facebook is putting too much of the protection of privacy burden on users to find and set settings if they choose to opt-out of the tracking activities.

"Facebook's default settings related to behavioural profiling or Social Ads, for example, are particularly problematic," notes the summary, adding users have no choice in some 'use' aspects such as appearing in Facebook's "Sponsored Stories" or the sharing of location data.

The report also states Facebook's policy language is unclear and does not provide needed specifics such as the use of images for advertising and the identity of the third party, service providers and other partners mentioned in the data use policy.

"What are the precise implications of Facebooks' extensive data gathering through third-party websites, mobile applications, as well recently acquired companies such as WhatsApp and Instagram?" states the summary.

The policy review and report, which was conducted in cooperation with iMinds-SMIT and Centre of Interdisciplinary Law and ICT, will be a prime document the Belgian Privacy Commission will rely on regarding its assessment of Facebook.

The report claims Facebook drops tracking cookies on users' computers when they visit any page on the facebook.com domain, including fan pages or other pages that do not require a Facebook account to visit. If true that's a violation of EU law which stipulates prior consent must be given before issuing a cookie or performing tracking.

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