Key Takeaways: The United States is demanding that all 43 countries in its Visa Waiver Program (VWP) sign a new 'Enhanced Border Security Partnership' (EBSP). This agreement would grant US authorities direct, real-time access to foreign police databases containing biometric data like fingerprints and facial images. Countries that refuse risk being excluded from the visa-free travel program, which allows their citizens to visit the US without a visa.
A new and unprecedented demand from the United States is putting the cherished visa-free travel privileges of millions of Europeans at risk. Washington is pushing for a sweeping data-sharing agreement that would fundamentally alter transatlantic security cooperation.
The US government is requiring all 43 nations in its Visa Waiver Program (VWP)—a list dominated by European Union member states—to conclude an 'Enhanced Border Security Partnership' (EBSP). The core of this partnership is a demand for direct, automated access to the national police databases of partner countries.
What Data Would the US Get?
The databases in question contain highly sensitive personal information, including:
- Fingerprints
- Facial images for recognition
- Other personal data held by law enforcement
This goes far beyond current international norms. Even within the EU's own Schengen Area, member states do not grant each other such extensive, direct database access. Standard practice, for example under the Prüm Treaty, is the 'hit/no-hit' principle: one country can check if data exists in another's system but must then formally request the information.
High Stakes for Refusal
The pressure on VWP countries is immense. The US has set a clear ultimatum: agree to the EBSP or face potential exclusion from the Visa Waiver Program. For citizens of affected countries, this would mean a return to the cumbersome and costly process of applying for a US visa for every trip.
The US demand is unprecedented: even EU member states do not grant each other such extensive direct database access.
This creates a significant political dilemma for European governments, caught between protecting their citizens' data privacy and preserving vital travel freedoms.
A Surveillance Power Boost
The implications of the EBSP extend far beyond airport passport control. If implemented, US authorities could use the data in a wide range of scenarios, including:
- Routine border checks
- Immigration enforcement actions
- Deportation proceedings
Under a potential second Trump administration, this access is particularly concerning. Agencies like Immigration and Customs Enforcement (ICE) could use the data to massively expand surveillance and enforcement actions against migrants. Germany alone could be forced to provide access to facial images of 5.5 million people and a similar volume of fingerprints.
Legal and Data Protection Hurdles
The proposed data transfer faces major legal obstacles within the European Union. Two key issues stand out:
- Incompatible Legal Frameworks: Existing agreements, like the EU-US Police Framework Agreement, cover data exchange for specific law enforcement purposes, not blanket border security access.
- GDPR Compliance: It is highly questionable whether the bulk transfer of biometric data to the US would comply with the EU's strict General Data Protection Regulation (GDPR).
Recognizing these challenges, the European Commission aims to negotiate a single framework agreement on behalf of all EU member states. However, time is short. The US has given VWP countries a deadline of December 31, 2026, and some nations have already begun negotiating bilateral deals.
The coming months will see intense negotiations that will test the balance between security cooperation, data sovereignty, and the principle of visa-free travel.