EU–US draft data pact allows automated decisions on travellers
The framework between the EU and the US may still permit automated decisions about travellers and expand access to biometric data as negotiations continue over visa-free movement.
A draft data-sharing agreement between the EU and the US Department of Homeland Security would allow automated decisions about European travellers to continue under certain conditions, despite attempts to tighten protections.
The text permits such decisions when authorised under domestic law and relies on safeguards that let individuals request human intervention instead of leaving outcomes entirely to algorithms.
A deal designed to preserve visa-free travel would require national authorities to grant access to biometric databases containing fingerprints and facial scans.
Negotiators are attempting to reconcile the framework with the General Data Protection Regulation, even though the draft states that the new rules would supplement and supersede earlier bilateral arrangements.
Sensitive information, including political views, trade union membership and biometric identifiers, could be transferred as long as protective conditions are applied.
EU countries face a deadline at the end of 2026 to conclude individual agreements, and failure to do so could result in suspension from the US Visa Waiver Program.
A separate clause keeps disputes firmly outside judicial scrutiny by requiring disagreements to be resolved through a Joint Committee instead of national or international courts.
The draft also restricts onward sharing, obliging US authorities to seek explicit consent before passing European-supplied data to third parties.
Further negotiations are expected, with the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs preparing to hold a closed-door review of the talks.
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