EU countries gear up to let US tap their citizens’ biometrics US wants fingerprints and facial scans for visa-free travel, EU governments cave
Maximilian Henning EU countries are preparing to allow the United States access to national biometric databases holding sensitive personal data, such as fingerprints and facial scans, in exchange for maintaining visa-free travel to the US. Washington demanded access back in 2022 as a condition for continuing visa-free travel for EU citizens – which it grants to all EU countries except Romania, Bulgaria and Cyprus. The scheme is referred to by the US as “Enhanced Border Security Partnerships” (EBSP). The European Commission is set to lead “framework” talks with the US this year to lay down general rules governing how EBSPs should work. EU countries would then engage in direct talks with the Trump administration to conclude their own agreements within the EU framework. There are a couple of exceptions: Denmark and Ireland will not be bound by the framework: Copenhagen due to its carve-outs from the EU treaties, and Dublin because Ireland is not part of the bloc’s passport-free travel zone, the Schengen area. Crucially, the EU-wide deal will only outline the types of databases and categories of data the US will be able to access. Individual capitals will hash out with Washington exactly which national databases and citizens’ data will ultimately be made accessible to US authorities. Capitals already gave a green light Despite increasingly strained EU-US relations over a range of trade and rule-of-law issues, the prospect of the US gaining access to sensitive data on millions of Europeans does not appear to be controversial among EU governments. Capitals agreed to grant the European Commission a negotiating mandate for the framework in December. Only one country was still arguing for a “red line” at that point, according to a diplomatic note obtained by Euractiv. Data on ethnic origins, political opinions, religious or philosophical beliefs, as well as genetic or biometric information, could be transferred under the framework agreement for EBSPs, according to a Commission document outlining its negotiating position. The document also notes that such data should only be transferred “where strictly necessary and proportionate” to prevent criminal or terrorist offences, with appropriate safeguards applied – especially limits on how long the information can be stored. Still, the plans raise questions at a time when the US has sanctioned Commission officials and EU citizens involved in lawmaking and advocacy work, not to mention the Trump administration’s shock abduction of a foreign head of state at the start of this year, as Washington moved unilaterally to prosecute Venezuela’s Nicolás Maduro on US soil. The US is also reportedly considering requiring visa-exempt visitors to provide five years’ worth of social media posts before being allowed to enter the country. Euractiv asked both the current Council presidency (Cyprus) and the Commission whether they have any reservations about giving the current US administration access to such sensitive data on EU citizens. By the time of publication, neither had replied. Data protectors want safeguards Some in Brussels are nevertheless raising concerns about the plan. In September, the European Data Protection Supervisor (EDPS), Wojciech Wiewiórowski, who oversees the Commission’s compliance with data protection rules, noted that the EBSP would set an “important precedent” as the first EU agreement to transfer large volumes of personal data to another country’s border authorities. While Wiewiórowski said he supported establishing an EU-US framework for the planned partnerships, suggesting it could mean better protection for fundamental rights, he also argued that it must be based on “clearly and narrowly” defining which data could be transferred to the US – and, in particular, that only data relating to people actually travelling to the US should be shared. While the Commission and Council have said the exchange of data should be limited to travellers, the exact conditions of the new data-access partnerships will be negotiated with Washington. Talks to cement these deals are also facing a pacy timeline. According to a leaked Council document, the US has said it expects data access to be in place and operational by the end of this year. <https://www.euractiv.com/news/eu-countries-gear-up-to-let-us-tap-their-citizens-biometrics/>
