EU Secrecy Rules Shield Datacentre Emissions from Public Scrutiny

An investigation has revealed that Microsoft and other U.S. technology companies successfully influenced the European Union (EU) to implement secrecy provisions regarding the environmental impact of datacentres. These provisions were incorporated into EU regulations almost verbatim from industry lobbying efforts in 2024, effectively obstructing public access to detailed emissions data from individual datacentres. As a result, researchers are left with only national-level summaries of energy footprints, limiting transparency in an industry that is rapidly expanding due to the rise of artificial intelligence (AI) technologies.

The Guardian

The final regulation stipulates that “the commission and member states concerned shall keep confidential all information and key performance indicators for individual datacentres.” This clause was heavily influenced by submissions from industry groups, including Microsoft, DigitalEurope (which represents major companies like Google and Amazon), and Video Games Europe (which includes Microsoft and Netflix). Critics argue that this confidentiality undermines the EU's obligations under the Aarhus Convention, which mandates public access to environmental information. Legal experts, including Prof. Jerzy Jendroska and Luc Lavrysen, have expressed concerns that the clause violates EU transparency rules, prioritizing corporate interests over public accountability.

The Guardian

Microsoft has stated its support for greater transparency in datacentre operations, emphasizing that sustainability disclosures can enhance public trust. However, the company also advocates for the protection of confidential business information. The EU's current regulatory framework aims to create a common rating scheme for datacentres, but the majority of reported data will remain confidential. Internal discussions within the EU suggest that making individual datacentre information public could deter operators from reporting their sustainability metrics, despite only 36% of eligible datacentres complying with existing reporting requirements.

The Guardian

Critics argue that the industry's push for confidentiality reflects a shift away from commitments to clean energy and emissions reduction. Ben Youriev from InfluenceMap noted that many tech firms have become less vocal about sustainability as they prioritize rapid datacentre expansion. Alex de Vries-Gao, a researcher at Vrije Universiteit Amsterdam, highlighted the challenges in obtaining accurate environmental data, stating, “You typically have to bend over backward to come up with any numbers.” This sentiment is echoed by Kristina Irion, who criticized the broad confidentiality presumption as favoring corporate interests over public access to essential environmental data.

The Guardian

While the EU aims to enhance transparency through updated regulations, the implementation of the secrecy clause raises significant concerns about compliance with international transparency obligations. The ongoing debate highlights a critical gap in the availability of environmental data, which is essential for assessing the ecological impact of the burgeoning datacentre industry.

The Guardian

• “In two decades, I cannot recall a comparable case,” — Prof. Jerzy Jendroska, Environmental Law Expert

The Guardian

• “What deserves protection as confidential information affecting the commercial interests of datacentre companies should be determined on a case-by-case basis,” — Kristina Irion, Associate Professor of Information Law

The Guardian

• “Public information is extremely limited.” — Alex de Vries-Gao, Researcher at Vrije Universiteit Amsterdam

The Guardian