Request ID: FOI-4651-2324 Date published: 12 April 2024
You asked
I would like to amend my request as follows:
1. The full text of the written apology letter issued by the driver to faith groups TfL engaged with, provided as a scanned PDF document. I understand that names may need to be redacted.
2. A copy of the investigation report into this incident (in Word document or PDF format), with any names and personal details redacted.
By limiting my request to these two specific documents and acknowledging the need for redactions, I believe this should allow the request to be processed within the appropriate cost limit under the Freedom of Information Act.
We answered
Our Ref: FOI-4651-2324
Thank you for your request received on 22 March 2024 asking for further information about the incident involving a London Underground driver using the train’s public address system.
Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy. I can confirm that we do hold the information you require.
In accordance with our obligations under Data Protection legislation we are not providing the requested information, 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.
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
