Request ID: FOI-2605-2324 Date published: 22 January 2024
You asked
Please can you disclose all correspondence between/with Gary Fuller in relation to the following reports:
• Central London ULEZ - 10 month report
• Central London ULEZ - 6 month report
• Central London ULEZ - 4 month report
• Central London ULEZ - First month report
• Inner London ULEZ - 1 year report
• Inner London ULEZ - 6 month report
• Inner London ULEZ - First month report
We answered
Our Ref: FOI-2605-2324
Thank you for your request received on 25 October 2023 asking for copies of our correspondence with Gary Fuller regarding the Ultra Low Emission Zone (ULEZ) monitoring reports. I apologise for the delay in my response.
Your request has been considered in accordance with the requirements of the Environmental Information Regulations (EIR) and our information access policy. I can confirm that we do hold the information you require.
Please find attached the requested correspondence.
In accordance with the EIR, we are not obliged to supply any draft versions of the reports as referred to in the correspondence as they are subject to a statutory exception to the right of access to information under 12(4)(d) draft or incomplete information.
In this instance the exception has been applied as disclosure of the information you have requested is the draft version of completed and published documents and therefore we consider the exception to be engaged.
The use of this exception is subject to a public interest test, which requires us to consider whether the public interest in applying the exception outweighs the public interest in disclosure. We recognise that the release of information would promote transparency. However, on balance, we consider that the public interest is already satisfied by the publication of the completed reports on our website:
Release of incomplete information would prejudice our ability to develop, challenge and refine proposals in a safe space before submitting them to public scrutiny and we do not consider that the public interest is best served by this and therefore favour the use of the exception.
Additionally, in accordance with our obligations under Data Protection legislation some personal data has been removed, as required by regulation 13 of the EIR. 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
