Request ID: FOI-1101-2425 Date published: 01 August 2024
You asked
Follow-up to FOI-0775-2425:
I would like to request the emails without the attachments please. This way you have to review only a tiny amount of information which cannot possibly be viewed as an unacceptable burden.
We answered
Our Ref: FOI-1101-2425
Thank you for your request received on 4 July 2024 asking for correspondence related to Project Detroit.
Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy. I can confirm that we do hold the information you require.
Please find the requested correspondence attached. In accordance with the FOI Act, we are not obliged to supply some of the financial information contained in the correspondence as this is subject to a statutory exemption to the right of access to information under section 43(2) – prejudice to commercial interests. In this instance the section 43(2) exemption has been applied as disclosure would, or would be likely to, prejudice our commercial interests. Disclosure of this information could prejudice our negotiating position in future procurement exercises. The use of this exemption 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 but in this instance the public interest in ensuring that we are able to obtain the best value for public money outweighs the general public interest in increasing transparency of our processes.
Additionally, in accordance with the FOI Act, we are not obliged to supply some of the information as it is subject to a statutory exemption to the right of access to information under section 42. 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.
Section 42 of the FOI Act exempts legally privileged information, including legal advice, from disclosure under the FOI 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.
In accordance with our 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 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
