From 2027 onwards, the USA expects “continuous and systematic transfers” of data on fingerprints and other biometric features for visa-free entry from the EU. This emerges from a classified report by the Swedish Presidency of the EU Council of April 18, published by the British civil rights organization Statewatch. In it, the Presidency sheds light on the “Partnership for Enhanced Border Protection” demanded by the US government. This should become a new condition for participation in the Visa Waiver Program (VWP) and secure the USA access to sensitive biometric data from many countries.
The Swedes conclude that the “Enhanced Border Security Partnership” (EBSP) required raises numerous questions in the paper Reactions from EU countries together. These included “data protection, the modalities of the biometric query, the interaction of the competences of the EU and the Member States in the areas in question and the lack of complete reciprocity of the data to be exchanged”. The EU side is also rubbing shoulders with the fact that it is less a mutual exchange and more a collection program by Washington that is under discussion.
EU expects compliance with GDPR
Transmissions must be in line with the General Data Protection Regulation (GDPR) and the related police and judiciary directive, explains the head of the council. In view of the expected broad and constant flow of data, international or administrative agreements should be concluded in order to ensure adequate security precautions. The Swedes also admit that the debates at EU level are deadlocked. This is due to the dispute over competencies and responsibilities. However, improvement is in sight: the EU Commission recently “decided on a pragmatic approach” and “decoupled the exchange of information from visa policy issues”.
According to the leaked document, the Commission also confirmed “that bilateral negotiations between the member states and the USA could be started”. The prerequisite for this is that these only concern a potential data transfer and not general visa matters. The Commission is not preparing a draft Council decision that would allow talks to start on an EU-US EBSP agreement. However, she is working on proof to explore the potential added value of data exchange. The Presidency thus proposes organizing exchanges of views between delegations in advisory meetings at working group level in order to provide mutual assistance in negotiations with the United States. This could include the exchange of information and draft texts, templates and agreements.
Criticism of lack of transparency
Statewatch criticizes that none of the options presented contain “any meaningful transparency or democratic debate about a plan to open up to the USA the huge biometric databases maintained by the EU and its member states”. The community is currently working on virtually linking extensive IT systems for biometric facial images and fingerprints as part of the “Smart Borders” program. The European Court of Justice has repeatedly ruled “that the United States does not offer adequate protection for the privacy of non-citizens,” says Statewatch director Christ Jones. The fact that the discussions are taking place in secret “makes it even more annoying”.
(mki)
