Transport for London (Decision Notice): ICO 20 Dec 2010

The complainant asked Transport for London (‘TfL’) to provide him with documents and emails relating to the presumption in the Mayor’s transport strategy that modal share for cycling in London is unlikely to exceed 5% after 2025. TfL initially explained that it did not hold information regarding the 5% target after 2025. However, when it was clarified that the complainant considered his request had made it clear that he required the origin of the 5% figure, TfL provided him with a survey analysis document and identified another document which it held but considered to be outside the scope of the request. The Commissioner finds that the request should have been considered under the Environmental Information Regulations 2004. He also considers that the request could objectively be read either according to the interpretation of TfL or according to the interpretation of the complainant. There were therefore two objective readings of the request. To the extent that TfL did not provide the information in relation to the complainant’s objective reading of the request, TfL is found to be in breach of regulation 5(1). In failing to provide this information within twenty working days, the Commissioner finds TfL to be in breach of regulation 5(2). The Commissioner also finds TfL in breach of its regulation 9(1) duty to provide reasonable advice and assistance.
Section of Act/EIR and Finding: EIR 5 – Complaint Upheld, EIR 5 – Complaint Upheld, EIR 9 – Complaint Upheld

Citations:

[2010] UKICO FS50307612

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 05 July 2022; Ref: scu.531907