Request ID: FOI-3261-2324 Date published: 12 January 2024
You asked
I would to know how many diesel passenger cars registered in each borough of Greater London in (a) 2016, (b) 2022 and (c) each month in 2023 met (i) the Euro 6 engine emission standard and (ii) did not meet it i.e. were non-Euro 6 (so that I can calculate the total number of such vehicles).
We answered
Our Ref: FOI-3261-2324
Thank you for your request received on 13 December 2023 asking for information about diesel cars in London.
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 hold some of the information you require.
Unfortunately we are unable to provide the information requested as it is exempt from disclosure under regulation 12(5)(c) – intellectual property rights, of the EIRs. This information is held within the information provided to us by the DVLA and the raw data for 2022 provided by the Society of Motor Manufacturers & Traders (SMMT). While we hold the data, we do not have permission to provide it to third parties, therefore it must be requested directly from the DVLA and SMMT respectively.
Disclosure would adversely affect their Intellectual Property (IP) rights and therefore we consider it is exempt from disclosure under regulation 12(5)(c). Database rights protect the significant work that goes into gathering the material to be included in a database, verifying it and presenting it in the database, and then maintaining the database.
The ICO advise states that, “IP rights reward the intellectual endeavour and hard work that goes into creating the asset, whether it is an official report, a database, the design of a housing development, or a play.” The removal of IP right could mean that SMMT may choose not to carry out this research further or do not allow TfL access to it. This would affect our ability to use this data in any future business planning but would also mean that SMMT would suffer commercial harm as a result of disclosure.
Disclosure of this data could also mean that competitors or potential customers would benefit from being able to access this information without any of the expenditure that would have been incurred had they had to collate the information themselves or purchase it from the DVLA or SMMT. Public disclosure of this information would also mean that the DVLA or SMMT no longer have control over how the data is used and by whom.
This exception is subject to a public interest test. We recognise the inherent public interest in transparency by public authorities, particularly as the ULEZ expansion is an complex issue and the justification of its introduction, including the supporting evidence, is necessary in order to inform wider discussion. However, we believe that there is a greater public interest in preserving the obligations which apply to this information and reflect its commercial value to the SMTT and DfT.
The available data available on government websites may assist you in making some of the similar comparisons you are hoping to make:
