US Considering Social Media Data from Visitors – EU Expresses Worry

Європа стурбована новими правилами ESTA: США хочуть більше особистих даних від мандрівників

© US Secret Service/Twitter The United States conditioned maintaining visa-free entry for Europeans on the EBSP accord.

European privacy regulators are expressing apprehensions regarding US intentions to demand that individuals planning to visit the nation, even for brief durations, disclose their social media chronicles and sensitive details about family members when applying for short visits, Euractiv conveyed on March 12.

The European Data Protection Board (EDPB), encompassing national data security agencies, dispatched a communication to Justice and Migration Commissioners Michael McGrath and Magnus Brunner on Thursday, inquiring whether the EU administration has undertaken or intends to undertake measures concerning the anticipated revision of the US Electronic System for Travel Authorization (ESTA) standards.

Last autumn, U.S. border officials suggested an alteration to the ESTA visa waiver scheme, which enables individuals to enter the nation for brief stays of up to 90 days, that would obligate travelers to furnish supplementary details, including specifics of their social media engagement spanning the prior five years and particulars about family members, such as their residential address, contact number, and birthdate.

In its communication to the Commission, the European Data Protection Board observes that this data bears no relevance to the ESTA applicant's journey, further stating ambiguity concerning the manner in which EU nationals can enforce their data protection entitlements under US legislation.

Concurrently, the EU and the US are in negotiations concerning a so-termed Enhanced Border Security Partnership (EBSP) framework, which would empower US authorities to arrange access to EU member states' biometric databases encompassing information like facial recognition scans and fingerprints.

The EDPB communication alludes to this strategy and beseeches the Commission to furnish extra information regarding another procedure that the monitoring bodies surmise could exert a noteworthy influence on Europeans' privacy privileges.

Even though this inquiry was posed by European privacy organizations, all countries (Ukraine included) whose citizens are contemplating travel to the US should harbor anxieties. Furthermore, the central concern resides not solely in the entitlement of access, but also in the retention timelines for private data. The absence of equitable agreements renders all data safeguarding regulations ineffective.

By way of reminder, the dynamic between the US and the EU in matters of personal data protection can historically be portrayed as challenging. The enactment of the US-EU Data Protection Agreement constitutes both a priority and a predicament for the EU. The EU Data Protection Supervisor has consistently voiced concerns regarding the perils of inaccurate implementation of the Data Protection Agreement in preceding years.

Simultaneously, the EU has sustained the General Data Protection Regulation since 2018, refreshing and modernizing the principles established in the 1995 Data Protection Directive to ensure confidentiality rights. It furnishes EU citizens with amplified authority over the utilization of their private information. How this will interrelate with the US stipulation remains uncertain.

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