They view themselves as an agent of their users. The users willingly give them data, with the intention of sharing it with a select audience. As the user's agent, one should generally abide by their wishes, and especially prevent the data from being shared further abroad than the user intended.
Unless Facebook stopped creating shadow profiles of non-users (have they? I'm not a user and don't keep up with it) I don't think they have a leg to stand on.