Our Ref:        FOI-2235-2425

Thank you for your request received on 22 October 2024 asking for information about the electric rear axle drive (ERAD) part of the LEVC TX taxi. I apologise for the delay in my response.

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 that we do hold the information you require. 

Please find the requested correspondence attached.

In accordance with the FOI Act we are not obliged to supply information included in BOGE’s test report as this is subject to a statutory exemption to the right of access to information under section 43(2) of the FOI Act.

In this instance section 43(2) exemption has been applied as it could prejudice their commercial interests. Disclosure of this information would enable rival companies to have an insight into BOGE’s business operations and could be utilised by their competitors. 

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 feel that the balance lies in favour of withholding the information to ensure BOGE can continue to be able to operate effectively without being placed at a commercial disadvantage. 

In accordance with our 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 of Article 5 of the UK 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.

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]