Draft EU–US data deal would allow biometric access and automated decisions
A draft EU–US agreement linked to visa-free travel would permit US access to national biometric databases and allow automated decision-making under certain safeguards, according to a document seen by Euractiv.
A draft framework agreement between the European Union and the United States would allow US authorities to access national biometric databases in EU member states as part of visa waiver arrangements, according to a document seen by Euractiv.
The proposal relates to Enhanced Border Security Partnerships (EBSPs), introduced by the US in 2022. Under the draft, the US Department of Homeland Security could access sensitive data such as fingerprints and facial scans for immigration screening.
The text states that decisions with significant adverse effects should not be taken solely through automated processing unless authorised under domestic law. In such cases, safeguards, including the possibility of human intervention, must apply. The draft does not fully exclude automated decision-making.
It also permits the transfer of special categories of personal data, including biometric and political information, subject to safeguards. Disputes under the agreement would be resolved through a Joint Committee and would not be referred to courts.
EU countries face a deadline of the end of 2026 to conclude bilateral agreements with the US or risk suspension from the visa waiver programme. Further negotiations are ongoing.
