The European Union is working on a controversial new deal with the United States that could give US authorities access to sensitive data held in police databases across Europe.
At the center of the negotiations is the Enhanced Border Security Partnership. Washington has made agreement to this program a condition for countries seeking to remain in the US Visa Waiver Program, which allows citizens from participating countries to travel to the US for up to 90 days without a visa.
Most EU member states are part of the scheme except Bulgaria, Cyprus and Romania, whose citizens still need to apply for a visa. While the ESTA (Electronic System for Travel Authorization) application allowing for visa-free travel is usually a quick and automated process, it lets US authorities pre-screen travelers and potentially deny entry in advance based on security or immigration concerns.
The European Commission confirmed that the US has set a December 31, 2026, deadline for the agreement to be in place. That has left the EU with limited room to maneuver. For most member states, losing visa-free travel to the US would be a greater drawback. Critics have argued that the condition Washington has imposed amounts to pressure, rather than partnership.
“The way we see this is a clear case of blackmail,” said Dutch MEP Raquel Garcia Hermida-van der Walle, who is part of a small group of legislators urging the commission to halt the process.
Will the EU share biometric data?
What types of data exactly could be shared is one of the most sensitive questions.
Police databases often contain biometric information, such as fingerprints and facial images.
Depending on the national system, they may also include data on people who have never been convicted of a crime. That can include suspects, asylum-seekers and, in some cases, people swept up in police action around protests.
“If you’re in a police database, it doesn’t mean you’re convicted. You can just be a suspect,” Matthias Monroy, a German surveillance researcher and activist, told DW.
That distinction matters because US authorities say the data would be used for border screening and identity checks. Critics fear that a police arrest in Europe could have consequences far beyond criminal investigations inside the bloc, including decisions on whether someone may board a flight or enter the US.
The US Mission to the European Union did not respond to DW’s requests for comment at the time of publication.
