The European Union continues negotiations with the United States on an agreement that would allow US border authorities to gain unprecedented access to sensitive data of European citizens. This was reported by Politico. The pending agreement would allow the sharing of passenger data, including fingerprints or security records, so that US authorities can assess whether a person poses a security risk.
Representatives of the European Commission travelled to Washington last week for the first round of negotiations. The United States is seeking deeper access to data at a time when US Immigration and Customs Enforcement (ICE) is facing criticism over its use of surveillance technology against protesters, for example in Minneapolis. It is this situation that is raising growing concerns in Europe about privacy breaches.
European politicians and experts have warned that sharing police databases could include information on demonstrators, journalists or activists who could be identified by US authorities as a potential threat. U.S. border authorities could then refuse to allow these people to enter the United States or even detain them.
European Data Protection Supervisor Wojciech Wiewiórowski warned that Europe must be very careful when transferring data to the United States. Some MEPs have therefore called on the European Commission to suspend negotiations until the privacy of citizens on both sides of the Atlantic is guaranteed.
The United States requests access to biometric data stored in national databases of European countries. This information should be used to combat illegal migration, organised crime and terrorism. However, the European Data Protection Supervisory Authority warns that this would be the first case of large-scale sharing of personal data with a non-member country for border control purposes.
The agreement should create a framework for bilateral agreements between individual European states and the United States, known as Enhanced Border Security Partnerships. At the same time, Washington is exerting strong pressure and has set a deadline of the end of 2026 for the conclusion of these treaties. If a country fails to sign the agreement, it could lose the opportunity to participate in the US visa waiver programme.
Critics call this a form of coercion and demand clear rules, transparency in the use of data and the possibility of legal protection for citizens in the event of misuse. The European Commission, on the other hand, argues that the forthcoming agreement will contain strong safeguards for the protection of personal data and that the exchange of information will be limited to necessary cases only.
Tensions between the EU and the US on data protection have persisted since 2013, when Edward Snowden revealed extensive US surveillance programmes. The situation is now complicated by Donald Trump's return to the presidency and changes in the US privacy oversight system.
Civil rights organisations warn that the new agreement could lead to restrictions on freedom of expression. Critics say people could begin to self-censor their views for fear that they might not be allowed into the United States because of them.
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