FOI request detail

Information on TFL busking pitches

Request ID: FOI-0945-1920
Date published: 17 July 2019

You asked

The busking rosters for TCR and Piccadilly pitches for the last year from 4th June 2018 to 5th June 2019

We answered

TfL Ref: FOI-0945-1920

Thank you for your email received by Transport for London (TfL) on 2 July 2019.

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 for:

The busking rosters for TCR and Piccadilly pitches for the last year from 4th June 2018 to 5th June 2019.

Firstly, by busking rosters, we assume you want to know the names of the buskers booked at the mentioned locations during the period specified.

In accordance with the FOI Act, TfL is not obliged to supply the requested information as it is subject to a statutory exemption to the right of access to information under section 40(2). This is because we consider the information you require constitutes the buskers’ personal data.

Personal data as defined under Data Protection legislation is data which relate to a living individual who can be identified from the data, or from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller. Disclosing this information would enable the identification of individual buskers.

Personal data is exempt from disclosure under section 40(2) of the FOI Act, because disclosure of the personal data would be a breach of Article 5 (1)(a) of the General Data Protection Regulation, which requires personal data to be processed lawfully, fairly and transparently. 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 in Article 6 necessary to determine that the processing is ‘lawful’.

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

Eva Hextall

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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