SEBI Appellate Authority Dismisses Appeal Citing Limitations on Data Availability in RTI Matters

SEBI Appellate Authority Dismisses Appeal Citing Limitations on Data Availability in RTI Matters​

Regulatory Ruling Affirms Scope of Information Under RTI Act 2005​

The Securities and Exchange Board of India (SEBI) Appellate Authority has dismissed an appeal filed by Pavan Bodke, ruling that the refusal to provide specific call log data is compliant with the Right to Information (RTI) Act. The decision reinforces the principle that a public authority is not obligated to collect or collate information if it is not part of its existing records.

The matter concerned Mr. Bodke’s appeal against SEBI, which questioned the availability of detailed call logs related to communications with the SEBI Helpline during a specified period. The Appellate Authority concluded that since SEBI categorically stated this data was unavailable, no deficiency existed in their initial response.

Detailed Queries Regarding SEBI Helpline Records​

Mr. Bodke had originally filed an RTI application on April 15, 2026. His queries focused specifically on the nature and retention of communication records related to the SEBI Helpline service.

The applicant sought crucial information, including:

• The date and time stamps for all calls made from his mobile number to the SEBI Helpline.
• A certified copy of call logs corresponding to those relevant calls.
• Details regarding the period for which the SEBI Helpline call records are maintained by the organization.

Legal Precedent Governs Data Availability​

In responding to the applicant, the respondent informed that the requested information was not available within their current database. The Appellate Authority relied heavily on established Supreme Court and Central Information Commission precedents in this context.

Citing landmark judgments, the authority noted that the RTI Act grants access to all existing information held by a public authority. Crucially, it established that if a specific information is not part of the records or required to be maintained under any law, the Act does not compel the public authority to create or collect that non-existent data.

Expert View: Limitations of Public Authority Obligation​

The ruling directly referenced previous rulings from the Hon'ble Supreme Court and Central Information Commission (CIC). These decisions affirmed that if SEBI did not possess the requested information, no amount of appeal could compel them to invent or generate such data for the applicant’s benefit.

This stance limits the scope of regulatory transparency when specialized, personal communication data is required but not systematically maintained by the board. The Authority determined that since the respondent provided an accurate account of the non-availability of records, the original response was legally sound.

Conclusion of Appeal and Administrative Order​

Given these observations regarding established legal principles, the Appellate Authority found no basis to interfere with the decision made by SEBI in its initial response. Accordingly, the appeal filed by Pavan Bodke was officially dismissed. The order underscores a strict interpretation of regulatory information maintenance duties under the RTI Act 2005.