Govt warns against illegal sharing of export-import data, experts flag lack of clarity

New Delhi, Feb 7 (KNN) The government has, in the Budget 2022-23, proposed making publishing of export-import data from the country, unless required by law  by a person as a punishable offense, with imprisonment of up to six months.

“The proposed clause will only criminalize the illicit publication of personalized, transaction level information by private entities, which affects the competitive position of Indian businesses in international trade and compromises their data privacy,” the Central Board of Indirect Taxes and Customs (CBIC) tweeted.

As some opposition leaders and industry players raised concerns about the penal provision, government officials and agencies tried to address the concerns by stating that it’s meant to only punish the unethical and illegal sharing of such data.

“The aggregate data on exports and imports will actually be published by the Department of Commerce and by all the agencies, there is no issue on that," Revenue Secretary Tarun Bajaj said while addressing the CII National Council post-Budget meeting. 

“The problem that we are facing was that some of the exporters and importers came to us and told us that our data is being stolen and is being shared on the Dark Net and is also being shared otherwise, and this is illegal," he added. 

"We don’t want somebody to know at what price did I buy my product and from whom did I buy my product, it’s a competition advantage that I have or it’s a privacy issue that I have," he said. 

So what we are saying is that people who are going to violate the law, who are going to use this information to sell it to others, we want to punish or we want to make a deterrent for it,” Tarun added.

Industry experts raised concerns about making publishing of export data a punishable offense as the amendment does not define the exact category of data which if published will become an offense or not. 

Some experts also said it was not clear if this includes publishing of aggregate trade data by other agencies. For instance, some agencies such as Office of Textiles and Apparel (OTEXA) under the US Department of Commerce and China General Administration of Customs regularly update countrywide export-import data, including trade data of other countries with India. (KNN Bureau)