The IBBI upheld its right to reject RTI requests seeking freshly compiled datasets on insolvency claims and haircuts, ruling it is not obligated to create information not already available in the requested format.
IBBI Not Bound to Compile Fresh Data Under RTI Requests
In a significant ruling on transparency and administrative obligation, the Insolvency and Bankruptcy Board of India (IBBI) rejected a Right to Information (RTI) appeal seeking compilation of fresh datasets related to insolvency claims and haircuts. The appellate authority affirmed that public authorities are not required under the RTI Act, 2005 to generate or collate new records, especially when the data is not maintained in the precise format sought.
The decision reinforces settled precedent that RTI obligations are limited to providing existing information accessible in organisational records. The IBBI noted that compliance would entail disproportionate resource burden and analytical work beyond passive disclosure. This position aligns with Supreme Court rulings in Union of India v. RPG Enterprises (2011) 12 SCC 476, which excluded obligations to interpret or process data.
For practitioners, this clarifies that regulators may lawfully deny RTI applications seeking custom-generated reports, statistical compilations, or restructured datasets. Applicants must instead seek specific documents or records already in existence, ensuring a balance between transparency and administrative feasibility.
