On 17 September 2025, the European Data Protection Supervisor (EDPS) issued an Opinion on the negotiating mandate for aframework agreement between the European Union and the United States of America on the exchange of information for security screenings and identity verifications.

The aim of the Recommendation adopted by the European Commission, is to set out the legal structure and conditions for sharing of information between the competent authorities of the EU Member States and the United States. On this basis, individual Member States would be empowered to sign bilateral agreements for exchange of data from their national systems. This is linked to the requirement by the United States for admission to, and further participation in, the U.S. Visa Waiver Program, pursuant to which the partner countries have to conclude an ‘Enhanced Border Security Partnership’ with the U.S. Department of Homeland Security.

Wojciech Wiewiórowski, EDPS, said: “While border security is a legitimate aim, the seriousness of the interference with the fundamental rights to data protection and privacy, resulting from the proposed sharing of personal data with a third country for the purposes of border and immigration control, should be considered as comparable to the interference caused by the exchanges of data for law enforcement purposes. Therefore, it is of utmost importance to provide comprehensive and effective safeguards with regard to the protection of personal data and other fundamental rights and freedoms of the concerned individuals, regardless of their nationality and place of residence.”