Microsoft and DigitalEurope, representing Amazon, Google, and Meta, secured a secrecy provision in EU law that blocks public access to data center environmental impact data. The clause, added to 2024 legislation, classifies individual facility metrics as confidential and commercially sensitive, preventing communities and researchers from accessing critical information about energy use and water consumption.

Legal scholars warn the provision violates EU transparency rules and the Aarhus Convention, an international treaty guaranteeing public access to environmental information. Professor Jerzy Jendrośka, who served 19 years on the Aarhus Convention oversight body, called it unprecedented in two decades. The European Commission now instructs member states to refuse public requests for facility-specific data.

Europe plans to invest €176 billion in data centers over five years, raising concerns about pollution and community impacts. Only 36% of eligible facilities have reported data, with just 80% deemed accurate. Critics like Bram Vranken from Corporate Europe Observatory question whether the Commission represents Big Tech or public interest, noting the striking similarity between Microsoft's suggested amendments and the final law text.