Publishing Import and Export Data is Going to be a Punishable Offense Soon

Budget 2022 inserted a new Section 135AA for the Protection of data. As per this section if a person publishes any information relating to the value or classification or quantity of goods entered for export from India, or import into India, or the details of the exporter or importer of such goods under this Act, unless required so to do under any law for the time being in force, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both.

However, this raised a new controversy on Twitter especially when Honorable MP for Thiruvananthapuram Mr. Shashi Tharoor spoke against the proposed law and said that a democracy cannot restrict discussion of publicly available data on the country’s trade.

After this Central Board of Indirect Taxes and Customs (CBIC) clarified the clause proposed as sub-section 135 AA (2). Under this clause Government agencies, such as the Department of Commerce, will continue to uninterruptedly publish Import and Export Data as per current practice.

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.