The negotiations are highly secretive, as no country wants to be associated with the deal

The EU commission is currently negotiating with the US Department of Homeland Security on a new deal giving the Americans access to EU citizens’ biometric data as part of an Enhanced Border Security Partnership.

Washington asked for access to the data in 2022 as a new condition for membership of its Visa Waiver Program, which allows citizens of participating countries to travel to the country visa-free for business or tourism. 

Currently, 24 of the EU’s 27 member-states are part of the scheme.  Last November, the EU agreed to define a common framework to bilateral deals, giving the commission permission to negotiate on their behalf. 

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“No one really wants to be responsible for this”

Maximilian Henning, a reporter for Euractiv who has investigated the subject, said this was a potentially dangerous move. “These are highly sensitive data,” he said.

According to a draft of the negotiated framework published by the UK-based policy research charity Statewatch, the agreement covers access to biometric data, such as fingerprints, and personal data regarding the “racial or ethnic origin, political opinions or religious or other beliefs, trade union membership”, as well as to individuals’ health or sexual life. 

A policy advisor at European EDRi told EU Perspectives news site that such a deal could create a “system of biometric mass surveillance under the guise of promoting mobility and security”. 

The negotiations are ongoing and taking place behind closed doors with little reporting on their progress. “No one really wants to be responsible for this,” said Henning. 

He added that a coordinated effort from the EU could provide better safeguards for data protection. A  note from the Presidency of the EU Council to its representative members said “the framework agreement should reflect the EU’s standards on data protection and fundamental rights”

Washington wants to reach an agreement by the end of this year, but the framework still must be adopted by the council and the EU Parliament, before moving to bilateral negotiations.