Request ID: FOI-3412-2223 Date published: 17 April 2023
You asked
Follow-on from FOI-3056-2223:
Please may I now request under the FOIA:
– a copy of each complaint mentioned in your table on point 2 below
– a copy of the contract between TFL and Kone, and any amendments / variations to that contract.
We answered
Our Ref: FOI-3412-2223
Thank you for your request received on 18 March 2023 asking for further information about the escalators at DLR Cutty Sark station.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we do hold the information you require. You asked for:
A copy of each complaint mentioned in your table on point 2 below
Please find attached data for escalator complaints relating to Cutty Sark DLR station between 01/07/2021 – 28/02/2023. Please note the figures in the attached are different from those provided in the table below due to some of the original cases being incorrectly recorded as ‘enquiries’ rather than ‘complaints’, and vice versa.
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.
A copy of the contract between TFL and Kone, and any amendments / variations to that contract
Please find attached a copy of the initial contract for the DLR stations at Custom House and London City Airport. The four Cutty Sark escalators were a variation to the main contract and the contract variations (referred to as Compensation Events under NEC3 contract).
Please note that in accordance with the FOI Act, some technical drawings and station plans have been removed from the contract as this information is subject to statutory exemptions to the right of access to information, under Section 38(1)(b) of the Act.
In this instance the exemption has been applied to more detailed drawings as disclosure of this information could adversely affect the safety and security of TfL employees and members of the general public.
Whilst we make no suggestion that you would use this information for anything other than you own personal interest, disclosure of this information to you has to be regarded as a disclosure to ‘the public at large’. This information could potentially be obtained and utilised by individuals who may wish to use this information to cause disruption or harm to the TfL network. London’s transport system is an attractive terrorist target for several reasons including, its importance to London and the knock on effect to the nation’s economy if it is disrupted, the publicity gained from attacking an iconic transport system and the attractiveness of the system for a mass casualty attack due to its open, mass transport nature. It is also part of the nation’s critical infrastructure by virtue of its central importance to the functioning of London and its economy.
Disclosure of information could compromise security and safety preparedness on the TfL network and would place members of the public and TfL staff at risk by highlighting areas on the network which could be susceptible to being targeted.
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 the public interest in applying the exemption, in order to minimise risks to operational resilience, safe operation of the TfL network, the welfare of staff and members of the general public, outweighs the public interest in disclosure.
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
