UK signs deal to exchange police biometric data with US border officials, report
US Department of Homeland Security is interested in accessing "as much as possible" of citizens' biometric data
The Home Office and the US Department of Homeland Security (DHS) have reportedly signed a deal, allowing the US border officials to have full access to the UK police-held biometric data.
According to Patrick Breyer, a member of the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE), representatives of the DHS had a meeting with members of the LIBE committee last month, where they provided the details of the new US "International Biometric Information Sharing (IBIS)" programme.
During the discussion, the LIBE committee learned that the UK and three EU members had already signed up for the IBIS programme, granting access to their police biometric databases.
The LIBE committee asked the DHS officials precisely what data the US is interested in accessing, and the response was "as much as possible".
The new arrangement falls within the purview of the Enhanced Border Security Partnership (EBSP) and is intended to improve the ability of the DHS to identify potential threats through biometric data sharing.
The US is hopeful that the move would strengthen border security and assist in the identification of possible security risks.
Israel ratified the deal in March.
The UK police are permitted to acquire biometric data such as DNA profiles and fingerprints when making an arrest in relation to a national security concern. The data may be kept for up to three years from the day the samples were obtained, even if the subject was detained but not prosecuted, provided the Biometrics Commissioner gives their approval; the police can also apply for a two-year extension if they believe it is essential to do so. However, US officials may not be bound by such strictures.
The Home Office did not refute reports that it had signed an agreement with DHS, instead pointed to its strong ties to the US over data sharing.
"The UK has a long-standing and close partnership with the USA which includes sharing data for specific purposes," a spokesman for the Home Office said.
"We are in regular discussion with them on new proposals or initiatives to improve public safety and enable legitimate travel."
Reports indicate that participation in the EBSP programme will initially be optional; but, beginning in 2027, participation will become mandatory as part of the US Visa Waiver Program (VWP).
Through the VWP, the EU citizens may visit the US visa-free for up to 90 days.
After 2027, the EU states that refuse to share their records under the EBSP programme risk being expelled from the VWP.
Breyer said he expects the EU Commission and the German government to reject the demand of the US authorities and to "not allow themselves to be blackmailed".
"The US lacks adequate data and fundamental rights protection. Providing personal data to the US exposes our citizens… to the risk of arbitrary detention and false suspicion, with possible dire consequences, in the course of the US 'war on terror'," Breyer said.
"We must protect our citizens from these practices."