I mention that I explained in emails to Ms Chapman that Uber was acting unlawfully and subsequently TfL instructed Deloitte to commission a report on this unlawfulness - can you please provide me with a copy of that Deloitte report under a separate FOI request?

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Our ref: FOI-3505-1819/GH

Thank you for your request received by Transport for London (TfL) on 20 March 2019 asking for a copy of a report produced in August 2017 for TfL by Deloitte which details Uber London Limited’s technology and booking process.

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.

However, in accordance with the FOI Act, we are not obliged to release the report requested as it is subject to a statutory exemption to the right of access to information under section 31(1)(g), which relates to information where disclosure would be likely to prejudice the exercise by any public authority of its functions for any of the purposes listed in subsection 31(2) of the FOI Act, specifically, ‘(2)(c)the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise’.

In this instance the exemption has been applied as the information is held only for the purposes of ascertaining whether a Private Hire operator is complying with the regulations, in accordance with our responsibility for regulating the private hire trade in London. This information contains details which otherwise would not have been made available to us and the exemption applies to protect our ability to clarify and confirm details on specific issues regarding general licensing concerns. The prejudice would be caused by disclosure because it would affect our ability to engage with the taxi and private hire trade and would inhibit the free flow of information, particularly where there is disclosure of information about confidential and commercially sensitive data. Effective working between the trade and the regulator relies on a safe space where information can be shared at a sufficiently early stage to avoid the need for formal enforcement action.

This benefits the public as it enables greater oversight of private hire operators and better scrutiny of services by the regulator and our benefit because proactive discussion avoids costly enforcement activity, delayed access to information and increased bureaucracy.

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 that there is a public interest in understanding the scope of regulatory activity, and whether concerns have been sufficiently addressed. However we feel the balance of the public interest supports the exemption in order to enable the effective and timely sharing of information between ourselves and the taxi and private hire trade.

Disclosure of information about the business processes employed by private companies is also likely to prejudice the commercial interests of those companies if it is disclosed to the wider public, which would include business competitors. This report would also therefore be covered by section 43(2) of the FOI Act which exempts information where disclosure would be likely to prejudice commercial interests.

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. As already stated we recognise that there is a public interest in understanding the scope of regulatory activity, and whether concerns have been sufficiently addressed. However we feel that there is a greater public interest in ensuring that companies are able to compete fairly and the balance of the public interest supports the exemption.

Furthermore, the relevant information from the report produced by Deloitte at that time which informed our decision as to whether Uber is fit and proper has been summarised in the decision letter of 22 September 2017, which is publically available. We feel this further limits the public interest in over-riding the concerns outlined above which supports the use of those exemptions.

Lastly, some of the information would also be exempt under section 41 of the FOI Act on the grounds that it was provided to us in confidence. Large parts of the report contains information shared with Deloitte under a non-disclosure agreement due to the confidential nature of the detail contained within it about Uber’s business operations and therefore disclosure of this information would constitute an actionable breach of confidence. Since section 41 is an absolute exemption, we have not gone on to consider the balance of the public interest in respect of this exemption.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Graham Hurt

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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