EDPS publishes Opinion on the EU-US border information exchange

The European Data Protection Supervisor (EDPS) has published an Opinion calling for robust safeguards on the proposed EU-US border information exchange framework agreement.

The European Commission's proposal establishes common standards for exchanging traveller data to support border checks, travel authorisations, and visa vetting. The framework is designed to meet US Department of Homeland Security (DHS) demands requiring Visa Waiver Program (VWP) participants to establish an Enhanced Border Security Partnership by late 2026. EDPS Wojciech Wiewiórowski highlighted that this marks the first time the EU has agreed to share personal and biometric data with a third country at this scale for border control.

In his Opinion, the EDPS recommends restricting data transfers to what is strictly necessary, with clearly defined criteria for eligible public security offences, establishing verifiable territorial nexus standards, and requiring documented justifications for individual risk assessments. The EDPS also urged the commission to ensure effective judicial redress, monitor for human rights infringements, and require the US government to formally designate its independent supervisory authority.

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