The European Commission is finalising negotiations with the Trump administration on an "Enhanced Border Security Partnership" (EBSP) Framework Agreement that would grant US border authorities access to EU biometric databases for traveller screening. The US made this access a condition for maintaining visa-free travel under its Visa Waiver Programme.

A leaked draft from May 2026 by Statewatch reveals the Commission largely conceded to US demands for unfettered data access. EDRi analysis shows the text departs from the Member States' mandate and likely violates EU primary law, including the Charter of Fundamental Rights, failing to meet the Court of Justice of the EU's requirement for essentially equivalent data protection.

The agreement would enable systematic transfers of biometric data and subjective "risk indications," raising concerns about discrimination based on political opinions, especially given US crackdowns on dissent and social media screening. EDRi urges the Commission and Council to resist this "blackmail" and refuse to sell personal data to a country with worsening human rights records.