Data center secrecy deals fuel public distrust in local planning

A University of Mary Washington study found that 25 of 31 localities with data center projects use non-disclosure agreements, leaving residents unable to access project details. Officials defend the NDAs as standard practice to attract business, arguing that public disclosure could jeopardize negotiations. The agreements have heightened community skepticism toward local leaders and the decision-making process.

The University of Mary Washington research surveyed localities across the U.S. and found that NDAs are the norm rather than the exception in data center negotiations. Louisiana's economic development secretary argued the agreements are essential for competitive positioning, while West Feliciana Parish in Louisiana demonstrated an alternative approach, completing a data center deal without confidentiality provisions. Parish President Kenny Havard emphasized that matters affecting citizens, such as land sales and tax incentives, should remain public.

In Wisconsin, at least four municipalities signed NDAs with Microsoft and Meta during early 2026 negotiations, mirroring the broader pattern. These agreements have become a flashpoint in community meetings, where residents learn about projects only after key decisions are made. The secrecy contrasts sharply with traditional land-use planning processes, which typically involve public hearings and accessible documentation.