Request ID: FOI-1305-2324 Date published: 26 July 2023
You asked
I’d like to know the journey history for my brother xxxx Freedom Pass number xxxx. This is in regards to an assault that occurred on him after getting off a bus.
We answered
TfL Ref: FOI-1305-2324
Thank you for your request of 23rd July 2023 asking for your brother’s Freedom Pass journey history. Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.
Specifically you asked:
“I’d like to know the journey history for my brother xxxxx Freedom Pass number xxxxxx. This is in regards to an assault that occurred on him after getting off a bus.”
I was sorry to hear of the assault on your brother. I am afraid that the Freedom of Information Act is not the correct vehicle for you to obtain this data, as it is exempt under Section 40(2) of the Act, which ensures that public authorities do not transgress Data Protection law in answering FOI cases. Under section 40(2), information is exempt from disclosure if it relates to an identifiable third party and where release of the information would be unfair. In this case, the information relates to a third party (i.e. your brother), and it is not fair for us to release somebody’s movements on the TfL network into the public domain (release of information under FOI being considered release to the world at large rather than the individual applicant).
Notwithstanding the above, it will be possible to obtain this data under Data Protection law via a ‘Subject Access Request’ (SAR). More information in this regard can be found on our website here:
The simplest way for this to happen would be for your brother to directly request the data himself. However, an individual may prefer a third party to make a SAR on their behalf. Data Protection law does not prevent this, but we would need to be satisfied that the third party making the request is entitled to act on behalf of the individual, and evidence to that effect would be required.
As stated in the link cited above, if you need any help and assistance with regard to making a Subject Access Request to TfL then please contact our Privacy and Data Protection team at: [email protected]
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,
David Wells FOI Case Officer FOI Case Management Team General Counsel Transport for London
