On the advent of environmental, social and governance reporting and its intersection with privacy

Abstract

An emerging area of regulation in the form of environmental, social and governance (ESG) reporting is aimed at long-term sustainability and addressing the challenges of climate change and social inequality. This paper explores how ESG reporting intersects in interesting ways with well-established privacy principles under the European Union (EU) General Data Protection Regulation. The paper analyses these privacy implications in the context of the first formal ESG law of comprehensive scope — the EU Sustainable Finance Disclosure Regulation — as well as existing global ESG disclosure standards. In particular the ‘S’ of ESG encompasses issues in the employment context relating to gender equality and diversity and inclusion (D&I), thereby implicating sensitive personal data and complicating the collection of such data. In addition, the paper looks towards the question of whether there is, or should be, a ‘P’ of privacy incorporated in ESG and considers the potential development of measurable privacy metrics for this purpose.