Microsoft, along with the lobby group DigitalEurope, which boasts members like Amazon, Google, and Meta, has successfully secured a confidentiality clause within EU law. This clause restricts public access to vital information concerning the environmental impact of data centers. This revelation stems from an investigative report conducted by Investigate Europe.
Restricted Access to Environmental Data
The European Commission is responsible for gathering essential data on data centers, such as energy efficiency and water consumption. However, the environmental footprint information for individual facilities remains confidential. This amendment to the 2024 legislation was influenced by industry pressure, leading to the classification of such data as confidential and commercially sensitive.
Internal communications revealed that the Commission had recommended EU Member States reject public information requests. An email from early 2025 indicated that officials were instructed to maintain the confidentiality of all performance indicators for each data center.
Violated Transparency Standards
This confidentiality clause forms part of several exceptions advocated by the industry in EU regulations. According to consultations with over ten legal experts, this clause may infringe upon transparency standards embedded in the EU's framework, specifically the Aarhus Convention, which focuses on the public's access to environmental information.
Professor Jerzy Jendrośka, a seasoned authority on the Aarhus Convention, noted, “I don't recall a comparable case in recent history. This does not seem to comply with established agreements.”
A Rapidly Growing Sector
With Europe poised to invest €176 billion over the next five years in data centers, concerns about pollution and high energy consumption have intensified. Attempts to regulate this growth included the 2023 review of the EU's Energy Efficiency Directive. Although this review initially mandated operators to disclose data on their performance, subsequent communications from the Commission suggested that data should only be published in an aggregated form.
In early 2024, Microsoft and DigitalEurope proposed amendments that classified all data center information as confidential, citing commercial interests. The Commission's final draft, published in March 2024, closely mirrored these proposals, mandating that “the Commission and Member States maintain the confidentiality of all key performance indicators for individual data centers.” Consequently, only general, national-level data is now publicly available, while detailed impacts of specific data centers remain inaccessible to communities, scholars, and journalists.
Legal Concerns Surrounding Confidentiality
Legal experts agree that this confidentiality clause conflicts with the European Charter of Fundamental Rights and the Aarhus Convention, which guarantees public access to environmental data. Luc Lavrysen, president of the Belgian Constitutional Court, stated that the indiscriminate confidentiality clause “clearly breaches” EU transparency regulations.
Kristina Irion, an information law academic at the University of Amsterdam, echoed these concerns, arguing that confidentiality should be determined individually rather than presumptively favoring corporate interests.
Despite the criticisms, sources within the European Commission maintain that confidentiality has consistently been a component of their proposals. An official, speaking anonymously, stated that the information collected from data centers is limited, and publishing these details could discourage operators from reporting.
The Influence of Industry on Policy
Revealed documents show Microsoft meeting with EU officials to advocate for expedited permitting processes regarding data centers. The region of Aragón has emerged as a key European hub for data centers, with Amazon investing over €33 billion in artificial intelligence and cloud infrastructure. Activists criticize the region's lax regulations, arguing they enable operators like Amazon to sidestep taxes and community involvement.
The proposed strict timelines for environmental evaluations, as advised by the non-profit organization Client Earth, could lead to hurried assessments, disproportionately affecting communities adjacent to these expanding facilities.
Looking Ahead
The European Commission plans to release sustainability scores for data centers covering various indicators. While this represents progress, most information released will remain under confidentiality protections, limiting transparency regarding the impact of these facilities.
