Our Ref:         FOI-1397-2021

Thank you for your request received on 21 October 2020 asking for a copy of Uber’s Data Protection Impact Assessment (DPIA) for the RealTime ID product.

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, we are not obliged to supply the information requested as it is subject to a statutory exemption to the right of access to information under section 31(1)(g), which relates to information where disclosure would or would be likely to prejudice the exercise by any public authority of its functions for any of the purposes listed in subsection 31(2) of the FOI Act, specifically,‘(2)(c) the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise’.

In this instance the exemption has been applied as the information was obtained for the purposes of ascertaining whether a private hire operator is complying with both private hire and General Data Protection Regulation (GDPR) legislation, in accordance with our responsibility for regulating the private hire trade in London.

The exemption has been applied to protect our ability to clarify and confirm details on specific issues regarding various licensing considerations. The prejudice would be caused by disclosure because it would affect our ability to engage with the taxi and private hire trade generally in relation to other investigations in the exercise of TfL’s statutory functions because it would inhibit the free flow of information, particularly where there is disclosure of information about confidential and commercially sensitive data. Effective working between the trade and the regulator relies on a safe space where information can be shared at a sufficiently early stage to avoid the need for formal enforcement action and we consider there to be a real and significant risk that such information sharing would be undermined if a precedent was created for any information that is shared is made publicly available. Co-operation between those being regulated and the regulator is important. Organisations are often encouraged to report problems they have had. Investigations take less time when those under investigation co-operate. There is clearly a public interest in not deterring the voluntary supply of information.

This benefits the public as it enables greater oversight of private hire operators and better scrutiny of services by the regulator and is to our benefit as proactive discussion avoids costly enforcement activity and delayed access to information.

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 that there is a public interest in understanding the scope of our regulatory activity, and whether concerns have been sufficiently addressed. It is important that the public have confidence in the public authorities responsible for enforcing the law. There is a general public interest in disclosing information that promotes accountability and transparency in order to maintain that confidence and trust. However, we feel the balance of the public interest supports the exemption in order to enable the effective and timely sharing of information between ourselves and the taxi and private hire trade. There is a very strong public interest in protecting the law enforcement capabilities of public authorities.

Lastly, some of the information would also be exempt under section 41 of the FOI Act on the grounds that it was provided to us in confidence. The document requested constitutes information shared with TfL about Uber’s business operations and therefore disclosure of this information would constitute an actionable breach of confidence. Since section 41 is an absolute exemption, we have not gone on to consider the balance of the public interest in respect of this exemption.

If you are considering submitting a further FOI request please think carefully about whether the request is essential at this current time, as answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. Where requests are made, please note that our response time may be impacted by the current situation.

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

[email protected]