Request ID: FOI-0387-2425 Date published: 27 June 2024
You asked
Follow-on from FOI-0031-2425:
Please just supply material on the OOC Strategic Steering Group and the OOC Working Group.
We answered
Our Ref: FOI-0387-2425
Thank you for your request received on 2 May 2024 asking for information about the Old Oak Common (OOC) Strategic Steering Group and the OOC Working Group meetings.
Your request has been considered in accordance with the requirements of the Environmental Information Regulations (EIR) and our information access policy. I can confirm that we do hold the information you require. Please find the requested information attached. Please note that some of the information has already been disclosed to you under FOI-3512-2324. In accordance with the EIR, we are not obliged to supply some of the information contained within the attached documents as it is subject to a statutory exception to the right of access to information under regulation 12(5)(e) - confidentiality of commercial or industrial information. In this instance regulation 12(5)(e) has been applied as disclosure of information regarding the level boarding costs and programme impacts is commercially sensitive and disclosure would prejudice our commercial interests. There is a large amount of information regarding the redevelopment of Old Oak Common available, however the details of these costs are not in the public domain. We consider that disclosing this information would severely diminish our ability, as well as the ability of other organisations involved in the redevelopment, to negotiate competitively and potentially prevent us securing best value for public funds as it would adversely impact ongoing or future negotiations. The information is covered by the common law duty of confidence as there is a clear implied expectation of all parties that this information will remain confidential as releasing would interfere with current commercial works. The use of this exception 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, particularly where the expenditure of public money is concerned, but in this instance the public interest in ensuring that we are able to obtain the best value for public money from our commercial arrangements outweighs the general public interest in increasing transparency of our processes. Additionally, in accordance with our obligations under Data Protection legislation some personal data has been removed, as required by Regulation 13 of the EIR. This is because disclosure of this personal data would be a breach of the legislation, specifically the first principle of Article 5 of the UK General Data Protection Regulation 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 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. If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me. Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Gemma Jacob Senior FOI Case Officer FOI Case Management Team General Counsel Transport for London
