Environmental Impacts of Data Centers and Criminal Law Responses: A Comparative Perspective

Abstract

The rapid development of Artificial Intelligence (AI) in recent years has undeniably generated significant benefits for society across a wide range of fields. At the same time, however, it has raised concerns regarding the environmental impact associated with data centers, particularly in relation to mineral extraction, the construction and maintenance of data center facilities, the extensive use of water for cooling purposes, and the consumption of energy derived from non-renewable sources, which may contribute to air pollution and greenhouse gas emissions. Several States are planning the construction of a substantial number of new data centers in the coming years. However, this development entails significant risks to the environment, as well as to human health and safety. This paper aims to analyze the current state of the art regarding the construction and operation of data centers, with particular attention to the risks they pose to workers’ health and safety, including the development of occupational diseases and, in extreme cases, fatal accidents. Furthermore, it explores potential issues of criminal liability for companies and managers arising from environmental harm, including water contamination, violations of regulations governing waste management and wastewater disposal, and offences related to environmental pollution. These risks must be carefully considered by managers and companies operating data centers in order to ensure the protection of fundamental legal interests such as the environment, human life, and health, while at the same time promoting sustainable economic development and technological innovation.