European Data Protection Supervisor Issues Opinion on the Sharing of Personal Data between the European Union and the United States

The European Data Protection Supervisor (“EDPS”) has issued, on 17 September 2025, an Opinion concerning the negotiating mandate for a framework agreement to regulate the sharing of personal data between the European Union (“EU”) and the United States (“US”) for border security and identity verification purposes.

EDPS has underscored that the proposed data sharing would have a serious impact on fundamental rights and freedoms, and has therefore stressed the importance of ensuring comprehensive and effective safeguards.

The Opinion published by the European Data Protection Supervisor (EDPS) can be summarised as follows:

• The proposed framework aims to define the legal structure and conditions enabling the sharing of data from the national systems of EU Member States.
• The arrangement is linked to the U.S. Visa Waiver Program through the “Enhanced Border Security Partnership.”
• Given that the arrangement entails large-scale sharing of personal data, including biometric data (e.g., fingerprints), the processing must be strictly limited to what is strictly necessary and proportionate.
• Taking into account the specific prohibitions laid down in EU law on certain data transfers, any direct or indirect sharing or transfer of data from the EU large-scale IT systems in the area of justice and home affairs, and in particular those related to migration and asylum, must be excluded.
• Accountability mechanisms—including a clear and specific justification for each query—as well as transparency and the corresponding information obligations must be ensured.
• Judicial redress in the United States must be available to all individuals, irrespective of nationality.

You can access the full text of the Opinion here.

 

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Zumbul Attorneys-at-Law

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