The IBBI upheld its right to refuse RTI applications seeking compilation of fresh datasets on insolvency claims and haircuts, ruling it is not obligated to generate information not already in existence.
IBBI Not Bound to Compile Fresh Insolvency Data Under RTI Act
The Insolvency and Bankruptcy Board of India (IBBI) dismissed an appeal under the Right to Information (RTI) Act, affirming that it is not required to compile new datasets or restructure existing records to meet specific requester formats. The decision underscores the principle that public authorities are not obligated to generate non-existent information, only to provide what is already documented.
This clarification emerged in response to an appeal seeking granular data on insolvency claims, haircuts, and recovery rates across corporate debtor cases. The IBBI held that such requests, if requiring fresh analysis or compilation from disparate sources, fall outside the purview of Section 6 of the RTI Act, which permits access to information 'already existing or prepared'.
For practitioners, this ruling reinforces the limits of RTI jurisprudence—particularly in highly technical domains like insolvency—where regulators are not mandated to become research desks. The decision aligns with precedents such as CBSE v. Aditya Bandopadhyay, where the Supreme Court ruled that authorities need not create new information. Legal teams should, therefore, consider alternative disclosure mechanisms, including research requests or data published in IBBI annual reports.
