IBBI can refuse RTI requests requiring compilation of new datasets or analysis not existing in recorded form, the Central Information Commission upheld, citing Section 6 of RTI Act.
IBBI Can Refuse Fresh Data Compilation Under RTI Act
The Insolvency and Bankruptcy Board of India (IBBI) is not obligated to create or compile new datasets in response to Right to Information (RTI) requests, the Central Information Commission (CIC) has ruled. The decision upholds IBBI’s rejection of an appeal seeking consolidated data on insolvency claims, haircuts, and resolution timelines across cases.
The CIC held that under Section 6(1) of the RTI Act, 2005, public authorities must provide only information that already exists in a retrievable format. The requested data — involving comparative analysis and aggregation across multiple databases — would require processing and interpretation, which is not a statutory obligation.
"An information seeker cannot compel a public authority to generate new records or perform data mining,”
the commission emphasized. It also noted that such datasets, if created, could involve disclosure of sensitive commercial information protected under Section 8(1)(d) of the RTI Act.
For practitioners, this confirms the limits of RTI in extracting policy or statistical insights from regulatory bodies. Requesters should frame queries around pre-existing, recorded files. Regulators retain discretion to deny burdensome or analytical requests.
Citations
- Right to Information Act, 2005, Section 6(1), Section 8(1)(d)
