The United States has renewed its demand for unprecedented access to the biometric data of Europeans – and EU Member States have already indicated that they’re willing to give in.
More specifically, the US has demanded that all countries participating in the Visa Waiver Program (VWP) grant it access to their national biometric databases, if they wish to maintain visa-free travel Euractiv reports.
This would grant the US direct access to people’s sensitive biometric data, such as fingerprints and facial scans. However, transferred data could also include “personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership […], and data concerning a person’s health and sex life or sexual orientation”when it’s necessary and proportionate “for preventing or combating criminal and terrorist offences”.
According to Heise, EU ministers have already authorised the start of negotiations with the US in December. However, this far-reaching demand is not new. As reported by Euractiv, the US originally demanded access to European biometric data in 2022 as part of its so-called Enhanced Border Security Partnerships (EBSP).
This year, the European Commission will be discussing a legal framework for EBSPs. Member States will then subsequently negotiate individual agreements within this framework. However, according to Heise, the Danish Council Presidency is also considering the possibility of expanding the framework to include EU databases in the future.
This agreement is particularly intrusive because US access would probably not be restricted to people travelling to the US. Instead, the Department for Homeland Security (DHS) would gain automated access to European biometric data. According to Golem (in German), this would also include “Asylum seekers or persons obliged to leave the country”.
It remains open how the EU would ensure compliance with data protection law. In a July 2025 opinion, the EDPS only stated that a framework agreement should be defined “exhaustively and narrowly, taking also into account the specific prohibitions of data sharing laid down in EU law.” The US has set a deadline of 31 December 2026 for an agreement to be reached.
