Request ID: FOI-1194-2223 Date published: 08 September 2022
You asked
Good evening. Please can you provide records of incidents for all London Overground train drivers based at Willesden Depot? I understand every driver has an incident history.
When a Train Driver has an operational incident, it is recorded and remains attached to their licence. These incidents include SPADs, TPWS Activations/Interventions, Trap and Drags, Wrong-side Door Releases, Collisions etc.
I would like the incident record for every current Willesden-based Train Driver.
Many thanks
We answered
TfL Ref: FOI-1194-2223 Thank you for your clarified request received by us on 31 August 2022, asking for records of incidents for London Overground train drivers based at Willesden Depot.
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.
However, 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 the information you have requested constitutes the drivers’ personal data.
Personal data, as defined under the Data Protection legislation, is data which relates 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. Providing the driver’s incident records, could allow for individuals to be identified. The likelihood of being identified from this data would be increased by a disclosure of the information into the public domain.
Disclosure of this 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 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.
Please see the attached information sheet for details of your right to appeal.
