Dear Transport for London, you approved miwhip to launch an app in london , do you have a record of the app presentation doduments which they submitted to you before their approval? can you please share this.

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Our Ref:         FOI-0736-1920 / FOI-0747-1920

Thank you for your requests received on 10 and 12 June 2019 asking for information about the ride-hailing apps, miwhip, Kapten, and Bolt.

Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) and our information access policy. We do hold the information you require.

We have met with Bolt on four occasions, two of which related to the technical review of their proposed solution. We met with Kapten on five occasions, one of which related to the technical review of their proposed solution.

We have not discussed either Bolt or Kapten with Uber.

In accordance with the FOI Act, we are not obliged to supply the communications we have had with Kapten or Bolt, or the presentation materials that Kapten, Bolt, or miwhip have shared with us as it is subject to a statutory exemption to the right of access to information under section 31(1)(g), which relates to information where 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 confidential and commercially sensitive data. 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.

Additionally, 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. Provision of commercially sensitive information that was provided to us in the context of our position as licensing authority would provide business competitors with an insight into the management and commercial processes of Kapten, Bolt, and miwhip which would place them at an unfair disadvantage.

We recognise that there is a large amount of interest from the public and the taxi and private hire trade. Our decisions potentially affect the livelihoods and choices of many people who live and work in London, and as a public authority with a regulatory role, we expect our decision making to be transparent and open to scrutiny. Although there is considerable interest in this matter, it should be borne in mind that this information is held by us in the context of our role as the licensing authority of London’s taxi and private hire trade.

Disclosure in these circumstances would be likely to prejudice our ability to exercise our regulatory functions efficiently and effectively, particularly in the context of investigations, as the investigated party would be less likely to co-operate if a running commentary or detailed, commercially sensitive material were to be given out through FOI disclosures. Effective working between the trade and the regulator relies on a safe space where information can be shared at a sufficiently early stage, which may avoid the need for formal enforcement action. Even if enforcement action is required, the relatively free exchange of information is useful to all parties.

These exemptions benefit the public as it enables greater oversight of the trade 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. Finally, the taxi and private hire trade benefit from being able to share information in confidence because it allows them to provide full answers to regulatory matters whilst protecting their commercial interests.

We acknowledge that there is a public interest in understanding the scope of regulatory activity, and whether concerns have been sufficiently addressed, we consider that the balance of the public interest supports the use of these exemptions in order to enable the effective and timely sharing of information between TfL and the taxi and private hire trade. There is also a very strong public interest in preserving TfL’s ability‎ to act as an effective regulator (through the sharing of information), which ensures that the services offered by the trade are safe and compliant.

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

[email protected]

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