The New Zealand government is weighing whether to grant the United States access to its citizens’ biometric data, a move that has sparked concerns over privacy, data sovereignty and potential surveillance overreach. The decision comes as New Zealand negotiates an Enhanced Border Security Partnership (EBSP) with the US, a requirement for maintaining visa-free travel status for New Zealanders.
Under the terms set by the US, the 42 countries participating in its Visa Waiver Program must finalize EBSP negotiations by the end of the year or risk losing their visa-free access. The Ministry of Foreign Affairs and Trade (MFAT) confirmed that discussions with the US are ongoing regarding the scope and requirements of the partnership, but has remained tight-lipped about specifics.
Critics warn that an EBSP could allow for full, automated access to New Zealand’s national databases by US authorities, potentially including Immigration and Customs Enforcement (ICE). This contrasts with existing data-sharing arrangements between the Five Eyes countries – New Zealand, Australia, Canada, the United States, and the United Kingdom – which typically operate on a “hit/no-hit” basis, providing limited initial information and requiring further requests for detailed data.
Concerns are heightened by the potential for misuse of the data, particularly given the policies of the US government. Green Party foreign affairs spokesperson Teanau Tuiono called for parliamentary oversight and public scrutiny of the agreement, stating, “We are seeing that alarm right across the world with the direction the US is going… This is not a time for us to be seeking closer engagement and relationships with the US.”
The Council of Civil Liberties chair, Thomas Beagle, expressed deep reservations, pointing to the actions of US law enforcement. “The US is obviously struggling at the moment with the rule of democracy and a rights-based society. They have government-sponsored gangs of people wearing masks who refuse to identify themselves, disappearing people off the streets,” Beagle said. He questioned the wisdom of granting access to such agencies, asking, “We wouldn’t give other countries like China or Russia full access into our police and biometrics databases, would we?”
Data sovereignty is a key concern. Once data is transferred to the US, New Zealand would lose control over its use and retention. Beagle warned that data could be stored for years and potentially used against individuals in the future, even those who have not committed any wrongdoing. He also raised concerns about the potential impact on New Zealanders living in the US, who could be subject to “trawling expeditions” by US authorities.
Māori data sovereignty expert Dr Karaitiana Taiuru highlighted specific concerns regarding the sharing of DNA data, which is considered sacred within Māori culture. He also pointed to the documented history of institutional racism within the New Zealand Police, suggesting that any data shared could be biased and perpetuate discriminatory practices.
European regulators have also voiced concerns. A report by the European Data Protection Supervisor warned that the agreement would be the first large-scale sharing of personal and biometric data with a non-EU country, potentially leading to the detention or imprisonment of individuals. The report urged negotiators to narrow the agreement’s scope and require clear justifications for every data query.
The US Department of Homeland Security announced plans last year to require visitors from visa waiver countries to disclose five years of social media history, email addresses from the past decade, and other personal details.
MFAT declined to respond to detailed questions from RNZ regarding the negotiations, including when they began, what privacy impact assessments had been undertaken, and what safeguards were being considered. Foreign Affairs Minister Winston Peters’ office also declined to comment. The Privacy Commission similarly declined to answer questions about its involvement or the adequacy of existing safeguards.
Australia has not publicly announced negotiations for an EBSP with the US, but has not denied that discussions are taking place. The United Kingdom has also remained silent on its status. Israel signed an agreement in March 2022, and Bahrain followed suit in late 2025.
