Request ID: FOI-0897-2223 Date published: 04 August 2022
You asked
Please provide the investigation report for an incident on the DLR at approximately 9:45 AM on 30 October 2007, wherein a train departed West India Quay for Westferry with no PSA on board [1].
In addition, I note that this incident was not included in response to an earlier FOIA request I made, your reference FOI-1491-1819. I would therefore appreciate it if a review could be conducted to see if any other incidents were omitted in the response to that request.
We answered
TfL Ref: FOI-0897-2223
Thank you for your request received by Transport for London (TfL) on 13 July 2022.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold the information you require. You asked:
Please provide the investigation report for an incident on the DLR at approximately 9:45 AM on 30 October 2007, wherein a train departed West India Quay for Westferry with no PSA on board [1].
Please find the incident report attached.
Please note that in accordance with TfL’s obligations under Data Protection legislation 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 legislation, specifically the first principle 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.
In addition, I note that this incident was not included in response to an earlier FOIA request I made, your reference FOI-1491-1819. I would therefore appreciate it if a review could be conducted to see if any other incidents were omitted in the response to that request.
As the incident occurred under the management of the previous franchise Serco, without specific information the current franchisee may not have had an easy access to the records, which may be the reason it was missed.
Requests for a review of responses should be made within 40 working days of the initial FOI response. The response to which you refer (FOI-1491-1819) was provided almost 4 years ago. We are therefore not obliged to provide a review.
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 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
Eva Hextall FOI Case Management Team General Counsel Transport for London