New US Visa Rules Spark Privacy Concerns

The United States is implementing new visa requirements demanding social media handles from applicants, prompting worries about data privacy. The move aims to bolster identity verification, but experts question its impact on personal freedoms.

New Visa Regulations Detailed

The new rules, which apply to Wiz F (academic studies), M (non-academic courses), and J (academic, scientific, or cultural exchange programs), require applicants to provide their social media usernames from the last five years. The embassy clarified that this is to help assess the eligibility of individuals seeking entry to the U.S.

Mirosław Wróblewski, President of the Office for Personal Data Protection, expressed concerns, stating that social media checks may violate privacy rights. He also questioned the validity of using legitimate interest of the administrator, as it is prohibited by GDPR.

“Acquiring data without the consent of the candidate cannot be a condition for obtaining a visa. If this becomes a condition for obtaining a visit, we are in fact with a forced consent, which is prohibited by the GDPR. In turn, reference to art. 6 para. 1 F, i.e. the legitimate interest of the administrator, is doubtful. The balance test is unlikely to give a positive result for the administrator”

—Mirosław Wróblewski

The US has a high standard of entry that has seen a steady stream of visitors. The US State Department issued 8,200,000 visas in 2023 (US State Department).

Expert Analysis

Jakub Idraj from the OdoekeSpert office pointed out that American regulations place a higher priority on national security than on protecting personal data, which is the focus of the EU’s GDPR. The GDPR does not apply to these visa procedures, as the visas are handled by US diplomatic missions, which are seen as US territory under international law.

The new requirements have generated discussion regarding the equilibrium between security and the individual’s right to privacy. While U.S. authorities argue they are necessary for verification, experts highlight potential data protection infringements. Individuals seeking visas, especially students, must comply with these new regulations by disclosing full social media account details.

The evolving visa rules underscore the ongoing tension between national security demands and the need to protect personal data in an increasingly interconnected world.