Request ID: FOI-1744-2223 Date published: 14 November 2022
You asked
Please would it be possible to see the asbestos report for All saints DLR station?
We answered
TfL Ref: FOI-1744-2223
Thank you for your request received by Transport for London (TfL) on 19 October 2022, asking for asbestos report for All Saints DLR station.
Your request has been considered in accordance with the requirements of the Freedom of Information and our information access policy. I can confirm that we hold the information you require.
Please find a copy of the redacted surveys attached.
In accordance with the FOI Act we are not obliged to supply some of the information as it is subject to a statutory exemption to the right of access to information under Section 38, specifically sections 38(1)(a) & 38(1)(b). In this instance the exemption has been applied as the surveys contain some security-related information, the disclosure of which would be likely to endanger the health and safety of employees and members of the general public. Please note, the information redacted under this exemption does not relate in any way to the presence of asbestos.
Whilst we make no suggestion that you would use this information for anything other than you own personal interest, disclosure of this information to you has to be regarded as a disclosure to ‘the public at large’. This information could potentially be obtained and utilised by individuals who may wish to use this information to cause disruption, commit crimes or breach the security of the TfL network. Release of the redacted information could compromise security and safety preparedness on the TfL network and could place TfL staff at risk by highlighting areas on the network that could be susceptible to being targeted.
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 the need for openness and transparency by public authorities, but in this instance the public interest in applying the exemption, in order to minimise risks to operational resilience, safe operation of the TfL network, the welfare of staff and members of the general public, outweighs the public interest in disclosure.
Furthermore, in accordance with TfL’s obligations under Data Protection legislation some personal data has been removed, 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 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.
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 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
Eva Hextall FOI Case Management Team General Counsel Transport for London
