Our Ref:         FOI-1039-1920 / FOI-1040-1920

Thank you for your requests received on 9 July 2019 asking for correspondence with Bird and Lime.

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

Please find the requested correspondence attached.

In accordance with the FOI Act, we are not obliged to supply some of the information contained within the correspondence as it is subject to a statutory exemption to the right of access to information under sections 42 and section 43(2). In this instance the exemption has been applied as some of the information you have requested relates directly to the seeking, provision, and result of legal advice. The section 43(2) exemption has been applied to some emails in their entirety and also information contained within the attached emails as disclosure would prejudice Bird’s and Lime’s commercial interests.

Section 42 of the Freedom of Information Act exempts legally privileged information, including legal advice, from disclosure under the Freedom of Information Act. There is a very strong element of public interest inbuilt into the concept of Legal Professional Privilege 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.

The use of section 43(2) is subject to an assessment of the public interest in relation to the disclosure of the information concerned. TfL recognises the need for openness and transparency by public authorities but in this instance the public interest in ensuring that we do not prejudice a third party’s commercial interests, as well as maintaining our impartial position as London’s strategic transport authority, outweighs the general public interest in disclosing the information.

In accordance with TfL’s obligations under Data Protection legislation some information has been withheld from the attached correspondence, 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 of Article 5 of the 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 some reason, please feel free 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

[email protected]

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