The IBBI upheld its right to deny RTI requests seeking compilation of fresh datasets on insolvency claims and haircuts, holding that public authorities are not obligated to generate non-existent records.
IBBI Not Bound to Create New Data Under RTI
The Insolvency and Bankruptcy Board of India (IBBI) has reaffirmed that it is not required to compile or generate new datasets in response to Right to Information (RTI) applications. In a recent decision, the IBBI dismissed an appeal seeking fresh analysis of insolvency claims and haircuts, stating that the RTI Act does not mandate public authorities to create information not already available in the requested format.
This ruling clarifies the scope of obligations under the RTI Act, particularly regarding datasets that require processing or aggregation not currently maintained by the authority. The IBBI emphasized that while existing records must be disclosed where available, no statutory duty exists to analyse or restructure data to meet specific user needs.
Practitioners should note: Requests for customized data extraction or analysis in insolvency, particularly involving financial claims and recovery metrics, may be denied unless such datasets are formally maintained. Legal teams should rely on statutory reporting mechanisms under the Insolvency and Bankruptcy Code (IBC) for detailed financial disclosures.
