Hi, please can you forward any communication/information since uber Londons licensing about the use of greyball in London between tfl and uber. also any internal communication about the use of this. many thanks

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TfL Ref: FOI-1563-1718

Thank you for your request received by Transport for London (TfL) on 22 September 2017 asking for correspondence.

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 we do hold the information you require.

However, 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(2)(c) of the FOI Act as the information is held in accordance with our statutory responsibility for regulating the private hire trade in London. Section 31 applies where disclosure would, or would be likely to prejudice our ability to determine whether regulatory action is necessary under any enactment.

This information is held only for the purposes of our investigations and so we consider that this exemption is engaged. This benefits the public as it enables greater oversight of private hire operators and better scrutiny of services by the regulator. Additionally this exemption is to our benefit because proactive discussion with operators avoids costly enforcement activity, delayed access to information and increased bureaucracy.

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 regulatory activity, and whether concerns have been sufficiently addressed. 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.

Additionally, some information contained in this correspondence is subject to an additional statutory exemptions to the right of access to information, under Section 42, which relates to information covered by Legal Professional Privilege (LPP). LPP is a common law concept that protects the confidentiality of communications between a legally qualified adviser and client for the purpose of the provision of advice or in connection with litigation.

There is a very strong element of public interest inbuilt into the concept of LPP 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

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. 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.

Please see the attached information sheet for details of your right to appeal

Yours sincerely

Lee Hill

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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