Edited by: Davis Van Opdorp
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 major 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 lawmakers urging the commission to halt the process.
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 by the time of publication.
"We are very concerned about the implications for the security of European citizens," said Garcia Hermida-van der Walle, warning that peaceful protesters could be caught up in the system. She questioned whether negotiations should continue "until the United States takes proper responsibility for basic fundamental rights."
European supporters of the plan argue the trans-Atlantic data sharing is nothing new, with EU countries and US agencies already exchanging information in criminal matters. But existing procedures are usually narrow and more formal, often requiring a request, a legal basis and, in some cases, judicial authorization.
Privacy experts say the new arrangement risks normalizing much broader and more routine access.
Monroy also questioned whether the promised reciprocity is real, meaning EU countries should also be able to access the same data in the US.
"There is no such... database [in the US] like we have in Germany," he said, referring to Germany's centralized data network of federal and state police authorities. "This is a clear sign that this agreement is not for both sides; it's a one-way track."
The European Data Protection Supervisor, the bloc's independent supervisory authority, has already warned that the proposed deal would set an important precedent because it could become the EU's first agreement involving large-scale sharing of personal data, including biometric data, for border and immigration control by a third country. The watchdog has called for a full fundamental rights impact assessment and said any data processing must be strictly necessary and proportionate.
There are also concerns about how such data might be used once transferred, with Monroy pointing to the growing role of big data tools in policing and migration control in the US.
"The US can now use that data to hunt migrants and whatever group that will be discriminated next," he said. "It could be leftists, it could be liberals, it could be people in support of prisoners or whatever and I would call it a fascist system."
Disclaimer: This report first appeared on Deutsche Welle, and has been republished on ABP Live as part of a special arrangement. Apart from the headline, no changes have been made in the report by ABP Live.
