TfL Ref: FOI-0345-1718

Thank you for your email received by us on 18 May 2017 asking for copies of emails between Leon Daniels and Uber.

Your request has been considered in accordance with the requirements of the Freedom of Information and our information access policy. I can confirm we do hold the information you require.

Please see the attached files containing the information you have requested, as well as all associated attachments.

Please note that in accordance with TfL’s obligations under the Data Protection Act 1998 (DPA) some personal data has been removed, 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 TfL has not satisfied one of the conditions of Schedule 2 of the Data Protection Act which would make the processing ‘fair’.

In accordance with the FOI Act, we are not obliged to supply some information requested as it is subject to a statutory exemption to the right of access to information under section 31(1)(g), which relates to information whose disclosure would be likely to prejudice the exercise by any public authority of its functions for any of the purposes listed in subsection 31(2) of the FOI Act, specifically, ‘(2)(c)the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise’.

In this instance the exemption has been applied as the information is held only for the purposes of ascertaining whether a Private Hire operator is complying with the regulations, in accordance with our responsibility for regulating the private hire trade in London. This information contains details which otherwise would not have been made available to us and the exemption applies to protect our ability to clarify and confirm details on specific issues regarding general licensing concerns. The prejudice would be caused by disclosure because it would affect our ability to engage with the taxi and private hire trade and would inhibit the free flow of information, particularly where there is disclosure of information about new services or innovations. Effective working between the trade and the regulator relies on a safe space where information can be shared at a sufficiently early stage to avoid the need for formal enforcement action.

This benefits the public as it enables greater oversight of private hire operators and better scrutiny of services by the regulator and our benefit because proactive discussion avoids costly enforcement activity, delayed access to information and increased bureaucracy.

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 that there is a public interest in understanding the scope of regulatory activity, and whether concerns have been sufficiently addressed. However we feel the balance of the public interest supports the exemption in order to enable the effective and timely sharing of information between ourselves and the taxi and private hire trade

Disclosure of information about the business processes employed by private companies is also likely to prejudice the commercial interests of those companies if it is disclosed to the wider public, which would include business competitors. This information would also therefore be covered by section 43(2) of the FOI Act which exempts information where disclosure would be likely to prejudice commercial interests.

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. As already stated we recognise that there is a public interest in understanding the scope of regulatory activity, and whether concerns have been sufficiently addressed. However we feel that there is a greater public interest in ensuring that companies are able to compete fairly and the balance of the public interest supports the exemption.

Additionally, some information is subject to one of the statutory exemptions to the right of access to information under Section 42 which relates to information covered by Legal Professional Privilege (LPP). LPP is a common law concept that protects the confidentiality of communications between a legally qualified adviser and client for the purpose of the provision of advice or in connection with litigation.

There is a very strong element of public interest inbuilt into the concept of LPP and this has long been recognised, by the Information Commissioner, the Information Tribunal and the courts, and it reflects the importance of legal advice being sought, and given, in confidence as a fundamental condition on which the administration of justice rests. There is an inherent public interest in TfL being able to obtain full and frank legal advice, and this is consistent with TfL’s responsibility to analyse and address legal risks and issues

Lastly, some of the information would also be exempt under section 41 of the FOI Act on the grounds that it was provided to us in confidence. Since section 41 is an absolute exemption, we have not gone on to consider the balance of the public interest in respect of this exemption.

If this is not the information you are looking for, or if you are unable to access it for some reason, please do not hesitate to contact me.

Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.

Yours sincerely

Lee Hill

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London