FBR to Ensure Confidentiality of Trade-Related Data Gathered Through PSW System

The Federal Board of Revenue has decided to keep trade-related information, transmission, documents, data, or records gathered through the PSW system as confidential.

FBR on Monday issued Pakistan Single Window Trade Data Dissemination, Exchange and Utilization Rules, 2023.

According to notification, any trade-related information, transmission, documents, data, or record gathered through the PSW system under the Act shall be confidential and shall not be used except as provided under these rules.

Customs and OGAs, and any other public or private sector entities exchanging data with the PSW system shall put in place adequate measures to ensure the protection of personal data, personal privacy, and the confidentiality of individual records and transactions including risk profiles and other such information, and to prevent unauthorized transmission or sharing of information with other entities and individuals.

Dissemination of trade data

The operating entity may disseminate the trade data collected by it or any of the ancillary systems linked to it including the Customs Computerized System, Port Community System, Trade Information Portal etc., or any system ancillary thereto for any of its authorized purposes including but not limited to the following namely:

• Public information and dissemination through official websites,
• Electronic, print and digital media,
• Research publications, news articles etc;
• Compilation or publishing of cross-border trade related statistics, public policy analysis and formulation;
• Submission before a court of law, tribunal or any other domestic or international arbitration forum or for the achievement of any of the OGAs operational or enforcement requirements;
• Integration with international databases and single window systems of other countries or regions under any bilateral or international agreement;
• Any non-commercial or commercial use as specified in rules 7 and 8.

Non-Disclosure Agreement.

All data recipients receiving trade data from the PSW system under any MoU, agreement, court’s order or authorization by the PSW Governing Council shall undertake to treat the received data as confidential and, to not share it or otherwise make it accessible to any third party without intimating and receiving the prior approval in writing of the operating entity and subject to any other such conditions as the operating entity may specify.

If disclosure of any trade data is required whether directly or indirectly under a legally binding order or other instrument issued by any local, national or international regulatory or law enforcement authority or agency, tribunal, court or arbitrator that has jurisdiction over a data recipient other than Customs, OGAs or Federal or provincial government entities or data held and processed by them, the data recipient shall exercise due diligence and before making any disclosure of any PSW’s trade data, take the following actions, namely:

• Promptly notify the operating entity of such disclosure and the terms thereof and provide the operating entity with a legal opinion that such disclosure is legally binding on it and that the legal process is sufficient and valid; and consult with the operating entity regarding its response to such demand or request and provide a true, correct and complete copy of the response to such demand or request.

Data exchange and integration with national and international systems

The operating entity may exchange trade data with national and international organizations including single window operators, foreign governments, and international organizations pursuant to the signing of an agreement or MOU on such terms and conditions as the two sides agree with the approval of the PSW Governing Council for trade data exchange and integration.

Data ownership and protection

All trade-related data generated by or collected on the PSW system shall at all times be accessible to and shall remain the property of the Federal Government.

The operating entity shall retain the right to suspend or terminate the provision of trade data dissemination services to any local or foreign non-government entity for reasons of national interest and security.

In line with recommended best practices, the operating entity shall formulate and apply an enterprise data security and sharing policy to govern and monitor the dissemination, transmission, exchange, and use of trade data under these rules and to ensure the protection of personal data, personal privacy, and the confidentiality of individual records and transactions, and to prevent unauthorized transmission and sharing of information with other entities.

The operating entity shall regularly review and update this policy in line with best standards and practices.

Unauthorized disclosure or transmission of trade data

If there is reason to believe that any data recipient, other than Federal or provincial government authorities, has unauthorizedly disclosed, supplied, or transmitted data to a third party either free of cost or on payment, the operating entity may proceed against the data recipient under the provisions of the Act besides pursuing other remedies as available under other applicable laws, rules, and regulations: