Our Ref: FOI-0322-1718
Thank you for your request received on 2 May 2017 asking for information regarding an incident relating to a compliance officer.
Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy.
In accordance with our obligations under the Data Protection Act 1998 (DPA) we are not obliged to supply the report requested, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the DPA, specifically the first principle of the DPA which requires all processing of personal data to be fair and lawful. It would not be fair to disclose this personal information when the individuals have no expectation it would be disclosed and we have not satisfied one of the conditions of Schedule 2 of the Data Protection Act which would make the processing ‘fair’.
This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption.
In addition, we are neither confirming nor denying whether we hold footage in relation to this incident under section 31(1)(b) and Section 31(1)(g), which exempts from disclosure information which would, or would be likely to prejudice the apprehension or prosecution of offenders or the exercise of functions for the purpose of ascertaining whether any person has failed to comply with the law.
The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities, but in this instance feel that balance lies in favour of withholding the information to ensure that we are able to continue to comply with our regulatory obligations.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Gemma Jacob
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London
