by Daniel Zivian, WKRC

Wed, January 28, 2026 at 11:19 PM

Controversial data center proposals in Mount Orab have ignited public debate over non-disclosure agreements (NDAs) between governments and tech companies. (WKRC)

MOUNT ORAB, Ohio (WKRC) - Controversial data center proposals in Mount Orab have ignited public debate over non-disclosure agreements (NDAs) between governments and tech companies.

These agreements often keep the public in the dark until companies seek approval, leaving residents blindsided. Attorney Jack Greiner criticized the practice.

Controversial data center proposals in Mount Orab have ignited public debate over non-disclosure agreements (NDAs) between governments and tech companies. (WKRC)

"I think it’s completely contrary to the spirit, if not the letter, of the Public Records Act," said Greiner.

He emphasized the importance of transparency in a democracy, saying, "Voters need to have the best information they can possibly have."

An attorney representing Mount Orab argued that discussions under the NDA are preliminary, and thus, there are no documents for the village to hide.

However, Greiner pointed out a loophole in Ohio law, where public offices can review documents in closed sessions without keeping them, making them non-public records.

"It’s a bit of a loophole I think the Ohio legislature should close," Greiner said.

While NDAs are not automatic approvals, they allow companies to explore projects without revealing trade secrets. Greiner acknowledged that trade secrets are exempt under the Public Records Act if they meet specific criteria but expressed skepticism about the use of NDAs.

He noted that just because a company declares something a trade secret, it doesn’t necessarily make it true. Greiner also highlighted the likelihood of existing emails between public servants and third parties that should be accessible to the public.