Many talks between data center developers and local governments are wrapped in secrecy behind non-disclosure agreements — residents question the need for NDAs, but developers argue it’s important to avoid ‘running afoul of insider trading rules’

Researchers from the University of Mary Washington in Virginia found that of the 31 localities with an existing, approved, or proposed data center, 25 of them have non-disclosure agreements (NDAs) that make it difficult, if not impossible, for their citizens to find information about these projects. According to NPR, these NDAs have left the questions of many residents unanswered, making them feel left out of the decision process and increasing their distrust of their leaders.

Many officials defended signing these secrecy agreements, saying that this is standard practice among tech companies, and that they could lose the potential business and revenue that data center projects could bring to their jurisdiction if they fail to sign the NDA. Louisiana Economic Development Secretary Susan Bourgeois even told the publications that NDAs are “fundamental for economic development” as they allow the state to compete with other states and territories for the data centers’ business. “The last thing that they want to have happened in the beginning of the discussion, or in any part of the discussion, is for their information that they’re sharing to be disclosed publicly. So, without NDAs, our work, frankly, just doesn’t happen,” the agency secretary said to NPR. She also added, “The irony is that we, we use NDAs not to be more cloaked, we use NDAs to be more forthcoming.”