Tech Giants Secure EU Secrecy on Datacentre Pollution
US technology firms, including Microsoft, have successfully lobbied the European Union to conceal the environmental impact of their datacentres, according to a recent investigation. The lobbying efforts resulted in a legally questionable confidentiality clause being adopted almost verbatim from industry demands into EU regulations.
Confidentiality Clause Blocks Public Scrutiny
The secrecy provision, added by the European Commission in 2024 after intense industry lobbying, prevents public access to detailed emissions data from individual datacentres. Instead, researchers are limited to national-level summaries of energy footprints, hindering accountability for pollution linked to the AI-driven boom in datacentre construction.
This surge in building chip-filled warehouses, partly powered by fossil fuels, has raised environmental concerns. Legal experts warn the blanket confidentiality clause may contravene EU transparency rules and the Aarhus Convention, which mandates public access to environmental information.
Industry Demands Shape EU Policy
Documents obtained by Investigate Europe, in collaboration with the Guardian and other media partners, show that during public consultations in January 2024, tech companies pushed to classify all individual datacentre data as confidential, citing commercial interests. The final regulation mirrors these demands, stating that the commission and member states must keep such information secret to protect commercial interests.
Groups lobbying for the change included Microsoft, DigitalEurope (representing companies like Google, Amazon, and Meta), and Video Games Europe (with members such as Microsoft and Netflix). Ben Youriev of InfluenceMap noted this reflects a shift in the tech sector's priorities, from advocating clean energy to focusing on rapid infrastructure expansion.
Legal and Environmental Implications
Prof Jerzy Jendrośka, an environmental law expert, expressed concern, stating, "In two decades, I cannot recall a comparable case. This clearly seems not to be in line with the convention." Other scholars, including Luc Lavrysen and Kristina Irion, argue the clause violates EU transparency laws and the Aarhus Convention, suggesting confidentiality should be assessed case-by-case rather than blanket.
The EU aims to triple datacentre capacity within five to seven years to compete in AI, but only 36% of eligible datacentres have complied with existing reporting requirements. Alex de Vries-Gao, a researcher, highlighted the difficulty in accessing data, saying, "Public information is extremely limited. You typically have to bend over backward to come up with any numbers."
Industry and EU Responses
Microsoft stated it supports transparency for sustainability but emphasized protecting confidential business information. DigitalEurope and Video Games Europe declined to comment, while the European Commission defended the regulation as a step toward a common rating scheme, though most data would remain confidential under current proposals.
This development underscores tensions between corporate interests and environmental accountability in the rapidly expanding tech sector.
