Biometric data at borders
- UN rule
- Resolution 2396 (2017), paragraph 15 3
- EU system
- Entry/Exit System, fully operational from 10 April 2026 1
- EU biometric fields
- Fingerprint data and facial image 2
- EU retention
- Three years, or five years for people who overstay 2
- Children in the EU system
- Under 12s are exempt from giving fingerprints 2
- US citizen photos
- Kept no more than 12 hours after identity verification 4
What counts as biometric data
Kenya's Data Protection Act 2019 defines biometric data as personal data resulting from specific technical processing based on physical, physiological or behavioural characterisation 5. The examples in the Act include fingerprinting, DNA analysis and retinal scanning 5.
The EU Entry/Exit System (EES) Regulation uses a narrower definition. It says biometric data means fingerprint data and facial image 2. A facial image is defined as a digital image of the face 2.
Not every law names biometrics. The definition of sensitive personal information in the Philippine Data Privacy Act of 2012 does not mention biometric data 6.
Who collects it and who receives it
Paragraph 15 of resolution 2396 says Member States shall develop and implement systems to collect biometric data to identify terrorists, including foreign terrorist fighters 3. It encourages states to share this data responsibly among relevant Member States, as appropriate 3.
In Europe, the EES registers non-EU nationals travelling for a short stay at the external borders of 29 European countries 1. It records fingerprints, a facial image, name, travel document details, and the dates and places of entry and exit 1. The EU agency eu-LISA is responsible for developing and managing the system 1.
In the United States, CBP enrols in-scope non-US citizen travellers in the DHS Biometric Identity Management System (IDENT) as confirmation of arrival 4.
How the image is captured
Under the EES Regulation, the facial image is taken live when an individual file is created or updated 2. In exceptional cases where live capture cannot meet quality standards, the image may be taken from the chip of the travel document 2. It is added only after electronic checks confirm it matches the person presenting the document 2.
Images must have enough resolution and quality for automated biometric matching 2.
How long biometric records are kept
| System | Who | Retention |
|---|---|---|
| EU Entry/Exit System 2 | Travellers who respected their authorised stay 2 | Three years 2 |
| EU Entry/Exit System 2 | People who did not exit within their authorised stay 2 | Five years 2 |
| EU Entry/Exit System 2 | Certain family members of EU citizens 2 | Up to one year after exit 2 |
| US CBP facial biometrics 4 | US citizens 4 | No more than 12 hours after identity verification 4 |
| US CBP facial biometrics 4 | In-scope non-US citizens 4 | Enrolled in IDENT, no period stated on the CBP page 4 |
Exemptions and alternatives
- Children under 12 are exempt from giving fingerprints to the EES 2.
- People for whom fingerprinting is physically impossible are exempt. If the problem is temporary, it is recorded and fingerprints are taken later 2.
- US citizens who do not want a facial photo may request alternative processing, which usually means a manual check of travel documents by a CBP officer 4.
When biometric records leak
In September 2020 the DHS Office of Inspector General (OIG) reported on a 2019 incident in a CBP facial recognition pilot at the Anzalduas, Texas port of entry 7. It found that subcontractor Perceptics, LLC transferred copies of traveller images to its own company network, which was hit by a ransomware attack 7. CBP estimated about 100,000 individual images after removing duplicates, and at least 19 were posted to the dark web 7. CBP concurred with all three OIG recommendations 7.
Common questions
Do children give fingerprints at EU borders?
No. Under the EES Regulation, children under the age of 12 are exempt from giving fingerprints 2.
How long does the EU keep border fingerprints?
The EES keeps records for three years for travellers who respected their stay and five years for people who overstayed 2.
Can a US citizen refuse a face photo at the border?
CBP says US citizens may request alternative processing, usually a manual document check by an officer 4.
Does the UN require states to collect biometrics?
Resolution 2396 (2017) decided that states shall develop and implement systems to collect biometric data, in compliance with domestic law and international human rights law 3.
Rules and fees change. Check the official site linked above before you apply or pay. Spotted an error? Email [email protected] with the official link.
Sources
- European Commission, Migration and Home Affairs: Entry/Exit System (10 April 2026)
- EUR-Lex: Regulation (EU) 2017/2226 establishing an Entry/Exit System (2017)
- United Nations: Security Council meeting coverage SC/13138 on resolution 2396 (December 2017)
- U.S. Customs and Border Protection: Biometric privacy policy (last modified 19 March 2024)
- Kenya Law: Data Protection Act No. 24 of 2019 (assented 8 November 2019)
- National Privacy Commission: Republic Act No. 10173, Data Privacy Act of 2012 (15 August 2012)
- DHS Office of Inspector General: Review of CBP's Major Cybersecurity Incident during a 2019 Biometric Pilot, OIG-20-71 (21 September 2020)
Related
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How long governments keep PNR, API and biometric records about air travellers, what must be masked or deleted, and what the EU Court of Justice ruled.
- Passenger data breaches
What counts as a passenger data breach, who must be told and how fast, and what a US audit found after border biometric images were stolen.
- UN Security Council Resolution 2396 and ICAO Annex 9
What Resolution 2396 (2017) asks of states on API, PNR, watch lists and biometrics, and how ICAO Annex 9 sets the passenger data standards.
- Where passenger data is hosted
Where governments store API, PNR and biometric passenger records, what laws say about servers and location, and how donated and vendor systems fit in.
- Philippines: passenger data record
How the Philippines collects advance passenger data, what the Data Privacy Act says, and the status of e-gates and the CAISS border fee proposal.
- Facial recognition gates at airports
How border e-gates match a traveller's face to a passport or a stored gallery, what images are kept, who runs the gates and where they are used.