copies of correspondance
Request ID: FOI-2328-1718
Date published: 12 December 2017
You asked
Can you please send me all letters and emails between Tom Elvidge & Helen Chapman between 6 August 2017 - 11 August 2017.
We answered
TfL Ref: FOI-2328-1718
Thank you for your request received by Transport for London (TfL) on 18 November 2017 asking for correspondence.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we do hold the information you require.
Please see the attached file containing the correspondence covered by your request.
Please note that in accordance with TfL’s obligations under the Data Protection Act 1998 (DPA) 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 DPA, specifically the first principle of the DPA 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 of Schedule 2 of the Data Protection Act which would make the processing ‘fair’.
Please also note that some information covered by your request is exempt from disclosure under s31(2)(c). This applies where disclosure would be likely to prejudice “the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise”.
Effective working between the trade and the regulator relies on a safe space where information can be shared, which may avoid the need for formal enforcement action. Even if enforcement action is required, the relatively free exchange of information is useful to all parties.
There are benefits to the public as it enables greater oversight of private hire operators and better scrutiny by the regulator. TfL benefit because proactive discussion avoids costly enforcement activity, delayed access to information and increased bureaucracy. Finally, the taxi and private hire trade benefit from being able to share information in confidence because it allows them to provide full answers to regulatory matters whilst protecting their commercial interests.
There are public interest arguments in favour of disclosure. We recognise that there is a public interest in understanding the scope of regulatory activity, and whether concerns are being sufficiently addressed, as well as a curiosity about the specific information exchanged. A number of parties are interested in the effective regulation of Private Hire Operators, including the travelling public, the Taxi and Private Hire trade and the drivers themselves.
Whilst there is some public interest in disclosure, the balance of the public interest supports maintenance of the exemption in order to enable the effective and timely sharing of information between TfL and the taxi and private hire trade. There is also a public interest in preserving TfL’s ability to act as an effective regulator (through the sharing of information), which ensures that the services offered by the trade are safe and compliant.
If this is not the information you are looking for, or if you are unable to access it for some 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
Lee Hill
Senior FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London
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