RTI Cannot be used to Seek Creation of Non Existent Records: IBBI dismisses Appeal against CPIO Order
IBBI reiterates limits of RTI Act, holding that public authorities cannot be compelled to create or generate information not on record
The Insolvency and Bankruptcy Board of India (IBBI) has held that the Right to Information Act, 2005 cannot be invoked to compel a public authority to create information or records that do not exist.
While dismissing the appeal, the Board upheld the decision of the Central Public Information Officer (CPIO) reiterating that the RTI mechanism is limited to disclosure of existing records.
The appellant had filed an RTI request before the IBBI seeking information on certain aspects related to insolvency professionals and regulatory actions. The queries of the appellant were those which amounted to asking the CPIO to collect, analyze, or generate fresh information which did not exist in the manner the appellant sought to be provided.
CPIO responded that the information sought is not available from the records of the IBBI in the manner desired; moreover as per the RTI Act, the authority is not required to create information. Not satisfied with the response the appellant had filed the first appeal.
The first appeal had been rejected. Further, the appeal was carried before the Appellate Authority of the IBBI.
The appellant contended that not furnishing the information had denied the very purpose of transparency under the RTI Act. It was contended that since it was a statutory regulator, it should be capable of furnishing the requisite information sought by the petitioner despite some sort of compilation being involved.
The CPIO, on the other hand, submitted that the RTI Act only requires disclosure of only such information which exists and is available and held by the public authority. It was submitted that it does not impose any obligation upon public authorities to create data, conduct any research or draw any inference to clear any queries posed by an applicant.
Upholding the decision taken by the CPIO, the IBBI Appellate Authority states as follows: “The definition of ‘information’ given under Section 2(f) of the RTI Act, which refers to information existing in any form, does not include the creation of information.”
The Board noted that the questions posed by the appellant were for explanation and compilation which did not exist with the IBBI as part of the routine of its functions. Additionally, it was noted that the CPIO had provided the response as required under the law and there was no deficiency in the dealing of the application under the RTI Act.
Accordingly, the appeal was dismissed, and the order of the CPIO was upheld.
