Transatlantic Access to Biometric Data: Disagreement Among EU Member States

The US government has been demanding a comprehensive agreement on access to biometric police data from Europe for several years. The basis is the planned “Enhanced Border Security Partnership” (EBSP), which is intended to apply to all 43 states of the American Visa Waiver Program. Anyone who does not sign a corresponding agreement by the end of 2026 risks losing visa-free entry to the USA.

A council document published by the NGO Statewatch now shows how differently EU members assess the US demands. The majority of states signal fundamental willingness to negotiate but demand clear conditions and limitations. The range extends from strict rejection of direct US access to far-reaching openness for automated queries.

Position of Germany and Other EU States

Germany supports an EU-wide framework agreement but rejects direct access by US authorities to national or European databases. Instead, the federal government advocates for a “hit/no-hit” procedure modeled after the Prüm Treaty. This model provides for multi-stage checking by national agencies before data is released in individual cases. Germany also demands binding deletion rules and a unified European negotiation approach to prevent bilateral solo runs by individual states.

France, Italy, Austria, and the Netherlands represent similar positions. They demand clearly limiting the scope to border and visa procedures. France warns against expansion to national law enforcement and fundamentally demands manual review of every data transfer.

Proponents of Further Cooperation

On the other hand are several Eastern European states as well as the Baltic countries. They are fundamentally open to direct or automated US queries, provided data protection guarantees and reciprocity are ensured. Lithuania additionally brings into play the possibility of regulating artificial intelligence for automated processing – a proposal that other states strictly reject.

Austria additionally points out in its comments that the USA could primarily be interested in EU information systems such as the Visa Information System (VIS), the common biometric matching system (sBMS), or the Common Identity Repository (CIR). From this, Vienna derives considerations to offer access to these EU systems as part of an “operationally advantageous solution.”

Special Role of Ireland

Ireland, which is not part of the Schengen area, emphasizes the security relevance of data exchange beyond pure border and visa issues. The government in Dublin warns of operational difficulties should the country be excluded from EU negotiations and later have to conclude a purely bilateral agreement with the USA. This could indirectly jeopardize its own status in the Visa Waiver Program.

Criticism of the Timetable and Competence Issues

Several states – including Austria, the Netherlands, and Estonia – consider the timetable set by Washington until the end of 2026 to be unrealistic. Hungary demands that the EU must react collectively if the USA restricts individual member states in Visa Waiver status.

France also questions the assessment of the EU Commission that an EBSP framework agreement lies exclusively in EU competence. Access to national databases affects national competencies and cannot be negotiated by Brussels alone.

Conclusion

The council document makes it clear that the EU faces a complex negotiation phase. Between data protection, transatlantic cooperation, and geopolitical pressure lie significant differences. Whether an EU-wide coordinated negotiation mandate comes about and how a possible agreement is designed remains open. Equally unresolved is whether Washington insists on its demand for direct, as automated as possible access to European biometric data – or whether a graduated model based on the European model is accepted.

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