The United States is pressuring the European Union to establish a framework for the continuous and systematic transfer of biometric data, including fingerprints, as part of an “Enhanced Border Security Partnership” (EBSP). This would allow U.S. authorities to match biometric data of travelers from the EU with criminal, terrorism, and identity records.
The U.S. has indicated that such an agreement would become a condition for visa-free entry under the Visa Waiver Program (VWP) starting in 2027.
Initially, the U.S. attempted to secure these agreements bilaterally with individual EU member states after transatlantic negotiations stalled. However, a recent document from the EU suggests that a new, overarching EU-US treaty may be necessary, as current agreements do not provide the desired level of data access.
The European Commission has been developing a “proof of concept” to explore the feasibility of such data exchanges, with discussions ongoing with the U.S. Department of Homeland Security (DHS).
Despite these developments, there remain significant legal and procedural questions. Some EU countries have urged the Commission to take the lead in negotiations, but concerns about data protection, reciprocity, and compliance with EU law persist. The Belgian Council Presidency has proposed creating a checklist to address these issues, but the legality of the proposed data transfers under EU law remains unresolved. The matter has now been passed to the new Hungarian Council Presidency, which has yet to take action.
Source: Heise Online
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September 3, 2024 – by the FindBiometrics Editorial Team
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