EU Considers US Data Deal to Ease Travel Restrictions

The European Union is negotiating a controversial EU-US data sharing deal that could grant United States authorities access to sensitive biometric information stored in police databases across Europe.

The Enhanced Border Security Partnership

At the center of the negotiations is the Enhanced Border Security Partnership. Washington has made agreement to this program a requirement for countries wishing to maintain their status in the US Visa Waiver Program.

The waiver allows citizens from participating countries to travel to the US for up to 90 days without a visa. Currently, most EU member states participate, with the exception of Bulgaria, Cyprus, and Romania.

While the Electronic System for Travel Authorization (ESTA) is generally automated, it allows US authorities to pre-screen travelers and deny entry based on immigration or security concerns.

Risks to Biometric Data and Privacy

A primary point of contention is the specific type of data that would be shared. Police databases often contain biometric information, including facial images and fingerprints.

These databases may include information on individuals who have never been convicted of a crime, such as asylum-seekers, suspects, or people detained during protests. Surveillance researcher Matthias Monroy noted that being in a police database does not necessarily mean a person has been convicted.

Critics fear that a police arrest in Europe could lead to consequences in the US, affecting whether an individual is permitted to board a flight or enter the country.

Allegations of Pressure and Lack of Reciprocity

Some lawmakers have described the US conditions as “blackmail.” Dutch MEP Raquel Garcia Hermida-van der Walle argued that the process should be halted until the US takes responsibility for basic fundamental rights.

While supporters argue that trans-Atlantic data exchange already exists for criminal matters, privacy experts warn this new deal would normalize broader, more routine access. Existing procedures typically require a legal basis or judicial authorization.

Monroy also questioned the reciprocity of the deal, suggesting it is a “one-way track” because the US does not maintain a centralized police data network similar to that of Germany.

The European Data Protection Supervisor has warned that the deal could set a significant precedent as the EU’s first large-scale agreement for sharing personal and biometric data for border control with a third country. The watchdog has called for a full fundamental rights impact assessment to ensure any data processing is proportionate and strictly necessary.