Our Ref:         FOI-1718-1920

Thank you for your request received on 6 September 2019 asking for information about the complaint made about the investigation conducted regarding Kier Highways.

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, in accordance with the FOI Act, we are not obliged to supply any of the information as it is subject to a statutory exemption to the right of access to information under section 40(2) of the FOI Act. As you are aware, this complaint was directed against the conduct of an individual rather than TfL and so we consider the information you have requested to constitute personal data.

In accordance with our obligations under Data Protection legislation the requested information has been withheld, 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 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.

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]