Data Center Giants Secure EU Secrecy Provision for Environmental Impact Data

Major data center operators including Microsoft, Amazon, Google, and Meta have successfully lobbied for a confidentiality clause in European Union legislation that blocks public access to environmental impact information for individual facilities. According to an investigation The final text of the legislation requires the European Commission and member states to "keep confidential all information and key performance indicators for individual data centers." This prevents disclosure even through freedom of information requests, with only aggregated national-level data made publicly available. Legal scholars have raised concerns that the confidentiality clause may violate EU transparency obligations under the Aarhus Convention. Professor Jerzy Jendrośka, a veteran of the convention's oversight body, stated: "In two decades, I cannot recall a comparable case. This clearly seems not to be in line with the convention." When approached for comment, the European Commission said confidentiality had always been part of its proposal. An EU official speaking anonymously added: "During the consultation, we received many comments on the topic. We analyzed the feedback and adopted a text reflecting it, as per usual practice." Microsoft responded to the allegations stating: "We support greater transparency around data centers, as sustainability disclosure can help drive better outcomes and build public trust." The company added it is "taking further steps to increase openness, while protecting confidential business information." Sources indicated the European Commission's internal position was that full transparency could lead operators to cease reporting altogether. Currently, the EU has collected environmental data from only 36% of eligible data centers, representing approximately 770 facilities. With data center capacity projected to nearly double in Europe