TfL Ref: FOI-2135-2324
Thank you for your request which we received on 19 September 2023, asking for a copy of the contract with Eurovia Ltd, regarding works at Manor Circus roundabout.
Your request is being 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.
Please find the attached redacted contract documents as requested.
The redactions have been made under section 43(2) of the Freedom of Information Act, the exemption which protects against the release of information that would unfairly prejudice commercial interests. Information in relation to pricing and financial agreements have been redacted and removed where release would prejudice our commercial position as well as those of Eurovia UK Ltd, in future negotiations. Section 43(2) is a “qualified exemption”, meaning we have to consider whether the greater public interest rests in applying the exemption and withholding the material, or in releasing it in any case.
We appreciate that there may be some limited interest in the financials. However, TfL is a publicly funded body and it is imperative that in commercial negotiations we are able to secure the best value for the public purse. We believe that withholding the redacted material will allow us to do this. In this case, therefore, we believe that the greater public interest is served by applying the exemption
Also, in accordance with TfL’s obligations under the General Data Protection Regulation (GDPR), all personal data has also been removed from these documents, as required by section 40 of the FOI. This is because disclosure of this personal data would be a breach of the legislation, specifically the first principle of the GDPR, 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 Officer
General Counsel
Transport for London
