India's transparency body refuses to disclose exporter-wise limestone trade data with Bangladesh
The CIC noted that disclosure of exporter-specific trade volumes could “provide their competitors with strategic insight into their commercial activities” and thereby harm their competitive position
India's transparency watchdog has upheld a decision not to disclose exporter-wise details of limestone shipments to Bangladesh from the northeastern state of Meghalaya, ruling that the information is protected under the commercial confidence provisions of the Right to Information (RTI) Act.
The Central Information Commission (CIC) said there was no overriding public interest in making the data public and that disclosure could potentially harm the competitive position of the exporters concerned.
Meghalaya, a mineral resource-rich state sharing a 443km international border with Bangladesh, regularly exports limestone and boulders to the neighbouring country, making cross-border mineral trade a significant economic activity.
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In its order, the CIC said releasing the information would contravene Section 8(1)(d) of the RTI Act, which exempts disclosure of commercial information that could harm the competitive position of third parties.
RTI applicant W Mathew Mawdkhap had sought "the name and address of the exporters who exported limestone to Bangladesh through Bholaganj Land Customs Station in East Khasi Hills, bordering Bangladesh, during the financial year 2023–24" from the office of the Deputy Commissioner, Shillong Customs Division.
The request was denied, citing Section 8(1)(d) of the RTI Act.
Mawdkhap's first appeal was also dismissed, prompting him to move the Central Information Commission with a second appeal challenging both earlier decisions.
Rejecting the appeal, Information Commissioner Vinod Kumar Tiwari said the information sought related to the names and addresses of exporters and the quantity of limestone exported to Bangladesh during the 2023–24 financial year.
Such exporter-wise trade data, the Commission held, "constitutes commercial information that is ordinarily treated as confidential within commercial and regulatory frameworks".
The CIC noted that disclosure of exporter-specific trade volumes could "provide their competitors with strategic insight into their commercial activities" and thereby harm their competitive position.
The Commission further observed that regulatory authorities receive commercial information from private entities in a fiduciary capacity as part of statutory compliance. "Releasing such information indiscriminately in the public domain would undermine the trust and confidentiality expected in such interactions," it said.
During the hearing, the appellant did not appear before the Commission and failed to place any material on record to establish an overriding public interest, Tiwari noted.
"In the absence of any such justification, the Commission finds no reason to disturb the concurrent findings of the Central Public Information Officer (CPIO) and the First Appellate Authority (FAA)," the order said.
The customs department had argued that exporter-wise limestone export data to Bangladesh is not meant for public dissemination unless required by law or disclosed with the consent of the concerned third parties.
Finding no infirmity in the denial of information, the CIC ruled that the exemption invoked was "legally sustainable" and dismissed the appeal.
