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Can a public authority refuse information citing voluminous data?

Can a public authority refuse information citing voluminous data?

21-Aug-2025

R.T.I

Answer By law4u team

Under the Right to Information Act, 2005, a Public Authority cannot reject a request merely because the data is large (“voluminous”). However: • If compiling the information would disproportionately divert the resources of the public authority, the PIO can reject it under Section 7(9) of the RTI Act. • Even then, the PIO must offer the applicant reasonable access in another form — for example, by allowing inspection of records, providing sample data, or giving partial information. • Arbitrary denial without offering alternatives can attract penalties from the Information Commission. If the refusal is deliberate to hide facts, and the act amounts to destruction or withholding of records, it may also lead to criminal liability under the Bharatiya Nyaya Sanhita, 2023 (BNS) for destruction of public records or dereliction of duty.

Answer By Ayantika Mondal

Dear Client, This is a very often put forth issue under the Right to Information Act, 2005. I must say no, a public authority does not have the right to completely refuse a request just because the information is in large volume. The Law: Section 10(9) of the RTI Act. The issue at hand is put forth in Section 7(9) of the RTI Act which says:. An in the form that which was requested an info shall be provided unless it would put to great a strain on the public authority resources or would be harmful to the safety or preservation of the record in question. What this means in practice: What in practice this is:. No Denial, but an Alternative: This section does not give the public authority to refuse information. What it does is that it allows the Public Information Officer (PIO) to present the information in a different format should providing it in the requested format will “disproportionately divert” their resources. Offer for Inspection: In large scale data sets what we see as the usual practice is for the PO to ask the applicant to go in and review the relevant files which also may include taking notes or extracting information. This is put forth as a fair solution which at the same time does not put the public body in the position of having to photocopy or digitalize thousands of pages. No Compulsion to Create Information: Also we must bear in mind that a public authority is to present only what they have in their records. The RTI Act does not put forth that they should create new info out of analysis, research or synthesis of data from many sources to answer a put forth question. If a request is for that which requires them to do the said “creation” out of vast records they can deny that specific “creation” of new info but at the same time are to make available the raw records. Summary In that which is to say a public authority does not have the right to put forth that “we have too much information” as a reason to deny access. They have a legal responsibility to provide the info which may be in large quantity. What they may do is present an alternative method of access for instance a physical review of the documents as a to still fulfill the Act’s requirement. Any full out refusal based only that the data is extensive in size would be a breach of the RTI Act and may be taken up in a First Appeal to the Appellate Authority. I hope this clarifies the distinction for you. Please let me know if you have any further questions. Thank you!

Answer By Anik

Dear Client, No, a Public Information Officer (PIO) generally cannot refuse to provide information solely on the grounds that it is "voluminous" or "large." However, there are some important nuances to this rule that are worth understanding. The Legal Standpoint The RTI Act's core principle is to promote transparency and accountability. The law places the burden on the public authority to provide the information, not on the applicant to make the request in a specific format. The act does not contain a provision that allows for the refusal of information merely because the volume of data is large. Courts and Information Commissions across India have consistently held that the size of the request is not a valid reason for rejection. This stance is based on the following reasons: Spirit of the RTI Act: The Act aims to empower citizens. Citing "voluminous data" as a reason for refusal would be a direct violation of this principle and could be used by public authorities as an easy excuse to deny access to critical information. No Legal Basis: There is no specific section in the RTI Act that provides for a rejection on the basis of the volume of data. The reasons for rejection are clearly outlined in Sections 8 and 9 of the Act, which primarily relate to information that affects national security, public safety, personal privacy, or is a breach of a third party's intellectual property. The PIO's Duty: The PIO's duty is to either provide the information requested or cite a specific exemption under the Act. Refusing to process a request because it is "too much work" is a dereliction of this duty. What the Public Authority Can Do While they cannot outright refuse the request, the PIO can take certain actions to manage a voluminous request. These actions must, however, be undertaken with the goal of providing the information, not refusing it. Request for Specifics: The PIO can ask the applicant to narrow down their request to a more manageable scope. For example, if an applicant asks for "all records related to a project," the PIO can ask them to specify the time frame or the type of documents they are seeking. However, this is a request for clarification, not a reason for refusal. The PIO cannot force the applicant to comply with this request. Fee Calculation: The PIO can charge a fee for providing the information, especially if a large number of pages need to be photocopied. This is a legitimate charge under the RTI rules. Providing the Information in Installments: In cases where the data is truly massive, the PIO can provide the information in parts over a reasonable period of time, while still adhering to the 30-day limit as far as possible. The PIO must communicate this plan to the applicant. The Recourse for the Applicant If a public authority refuses a request citing "voluminous data," the applicant has the right to file a First Appeal with the designated appellate authority within the same public office. If the issue is not resolved, the applicant can file a Second Appeal with the State Information Commission (SIC) or the Central Information Commission (CIC), as applicable. In most cases, the Information Commissions have sided with the applicants, directing the public authorities to provide the requested information and, in some cases, even imposing penalties on the PIO for wrongfully denying the request. In conclusion, a public authority cannot simply refuse a request for information by citing its volume. This is a common tactic to discourage applicants, but it is not a legally valid reason for refusal under the RTI Act. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!