The US demand is unprecedented: even EU member states do not grant each other such extensive direct database access – normally the exchange takes place via the "hit/no-hit principle" with a subsequent request for further data. This is how it works, for example, in the Prüm Treaty among all Schengen states, which has so far covered fingerprints and DNA data and is now also being extended to facial images.

The EBSP could practically affect anyone who falls under the jurisdiction of border authorities: from passport controls to deportation proceedings. Under the US autocrat Donald Trump, this is a particular problem, as his militia-like immigration authority ICE is already using data from various sources to brutally persecute migrants – direct access to police data from VWP partners could massively strengthen this surveillance apparatus. Germany alone might give access to facial images of 5.5 million people and fingerprints of a similar dimension.

The USA has already tightened the Visa Waiver Programme several times, for instance in 2006 through the introduction of biometric passports and in 2008 through the ESTA pre-registration requirement. In addition, there were bilateral agreements for the exchange of fingerprints and DNA profiles – however, these may only be transmitted in individual cases involving serious crime.

Existing treaties such as the EU-US Police Framework Agreement are not applicable to the "Enhanced Border Security Partnership", as it applies exclusively to law enforcement purposes. It is also questionable how the planned data transfer is supposed to be compatible with the strict data protection rules of the GDPR. The EU Commission therefore wants to negotiate a framework agreement on the EBSP that would apply to all member states. Time is running short: the US government has set VWP states a deadline of 31 December 2026. Some already agreed on a bilateral level.