CIC Upholds Denial of Limestone Export Data to Bangladesh, Cites Protection of Competitive Interests
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New Delhi: The Central Information Commission (CIC) has ruled that the details of limestone exports to Bangladesh from Meghalaya are exempt from public disclosure due to commercial confidentiality concerns. The Commission, led by Information Commissioner Vinod Kumar Tiwari, stated that revealing exporter-wise trade data could harm the competitive position of the exporters involved. The case involved RTI applicant W Mathew Mawdkhap, who sought details of limestone exporters to Bangladesh through the Bholaganj Land Customs Station in Meghalaya. The Deputy Commissioner's office initially denied the request, citing Section 8 of the RTI Act, which protects information that could harm third-party commercial interests. The CIC upheld this decision, noting that the requested data constitutes commercial information that is typically kept confidential. The Commission emphasized that releasing such information could provide competitors with strategic insights into the exporters' commercial activities, potentially undermining their competitive position. Regulatory authorities, the CIC added, rely on private entities to provide commercial information in a fiduciary capacity, and indiscriminately disclosing this information could erode trust and confidentiality. During the hearing, Mawdkhap failed to appear or present any material to demonstrate an overriding public interest in the disclosure of the information. The customs department also maintained that exporter-wise limestone export data to Bangladesh is not intended for public dissemination, unless required by law or consented to by the concerned parties. The CIC's decision underscores the importance of protecting commercial confidentiality in cross-border trade activities, particularly in regions like Meghalaya, which relies heavily on mineral exports to Bangladesh.
