Dear Mr Wright

TfL Ref: FOI-2483-2021

Thank you for your request received by Transport for London (TfL) on 5
March 2021 asking for gradient profile and speed limit data for London
Overground and Underground lines.

Your request will be processed in accordance with the requirements of the
Freedom of Information Act and our information access policy.

A response will be sent to you by 6 April 2021. We publish a substantial
range of information on our website on subjects including operational
performance, contracts, expenditure, journey data, governance and our
financial performance. This includes data which is frequently asked for in
FOI requests or other public queries. Please check
[1]http://www.tfl.gov.uk/corporate/transpar... to see if this helps you.

We will publish anonymised versions of requests and responses on the
[2]www.tfl.gov.uk website. We will not publish your name and we will send
a copy of the response to you before it is published on our website.

In the meantime, if you would like to discuss this matter further, please
do not hesitate to contact me.

Yours sincerely

Melissa Nichols

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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Dear Mr Wright

Our ref: FOI-2483-2021

Thank you for your email received by Transport for London on 5 March 2021
asking for the gradient profile and speed limit data for London Overground
and London Underground.

Your request has been considered under the requirements of the Freedom of
Information Act 2000 and our information access policy. You asked:

I would like to request the following data Railway Gradient Profiles,
Railway Speed Limit data for the following London Overground Lines:

London Liverpool Street to Enfield Town

London Liverpool Street to Chingford

For the following London Underground lines:

Central Line from Stratford to Epping

Central Line from Woodford / Hainault / Leytonstone Loop

and if possible:

Central Line from Epping to Ongar (from your archives when it was a part
of London Transport).

This data will be used to create a virtual recreation of these lines in a
simulator, however the finished article will be free for others to use
hence we are not profiting by the use of your data.

In accordance with the FOI Act we are not obliged to provide this
information as it is subject to statutory exemptions to the right of
access to information, under Section 38(1) of the Act – Health and Safety.

In this instance the exemption has been applied as disclosure of the
information would be likely to adversely affect the safety and security of
TfL employees and the travelling public.

Whilst we make no suggestion that you would use this information for
anything other than you own 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 on our network.

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, and the welfare of
staff and the public outweighs the public interest in disclosure.

In current circumstances, we are not able to answer FOI requests readily
and we ask that you please do not make a request to us at present.

Answering FOI requests will require the use of limited resources and the
attention of staff who could be supporting other essential activity. In
any event, please note that our response time will be affected by the
current situation.

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

Yours sincerely,

Melissa Nichols

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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TfL Ref: IRV-070-2021

Thank you for your email which was received by Transport for London (TfL) on 20 March 2021.

You have stated that you are dissatisfied with the handling of your request for information under the Freedom of Information Act.

A review will be conducted by an internal review panel in accordance with TfL’s Internal Review Procedure, which is available via the following URL:

http://content.tfl.gov.uk/internal-revie...

Every effort will be made to provide you with a response by 20 April 2021. However, if the review will not be completed by this date, we will contact you and notify you of the revised response date as soon as possible.

In the meantime, if you would like to discuss this matter further, please feel free to contact me.

Yours sincerely

Emma Flint
Principal Information Access Adviser
FOI Case Management Team
Transport for London

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Dear Mr Wright

I am contacting you regarding your email concerning the response provided
to FOI-2483-2021. Following your email of 20 March 2021 a review has been
carried out by an Independent Review Panel (‘the Panel’) consisting of
individuals who were not involved in the handling of your request.

You have disputed the response provided to FOI-2483-2021 on the basis that
the information you seek has been withheld in accordance with s38(1) of
the Freedom of Information Act.

To provide some context, s38 provides an exemption from disclosing
information if it would endanger any individual (including the applicant,
the supplier of the information or anyone else). The exemption does not
necessarily deal with what are commonly thought of as health and safety
matters.

Section 38 focuses on two particular areas where disclosure of information
would or would be likely to endanger:

• the physical or mental health of any individual, or

• the safety of any individual.

This may be information about controversial scientific research, someone
who has died and disclosure might endanger the mental health of surviving
relatives, any plans or policies relating to the accommodation of
individuals, or groups of individuals and as in this instance, an issue
where disclosure might have an adverse effect on public health (for
example, the safety of the traveling public). In section 38 the word
‘endanger’ is used instead of the word ‘prejudice’.

The Endangerment test under s38

In order to engage this exemption a public authority must demonstrate that
there is a causal link between the endangerment and disclosure of the
information. A public authority must also show that disclosure would or
would be likely to have a detrimental effect on the physical or mental
health of any individual, or the safety of any individual. This effect
must be more than trivial or insignificant and there must be a real and
significant likelihood of the endangerment occurring.

Transport for London receive in excess of 3000 requests under the Freedom
of Information Act and Environmental Information Regulations every year. A
number of these requests come from transport enthusiasts and their
requests for information have shaped our proactive publication of
information. We are very enthusiastic about public transport ourselves and
we recognise that people are interested in London’s iconic transport
network.

We are making no suggestion at all that you intend to use the information
in any way that is improper or illegal, and whilst we are unable to
comment regarding what information may have been made available by other
transport authorities in relation to the networks that they run or
disclosures that may have been made in the past, the decision to now
withhold this type of information was made by subject matter experts
within TfL following a full security review of London Underground and
London Overground information.

We have serious concerns that if disclosures of this type of information
are not regulated there is a very real risk that it could be used by
people who want intimate knowledge of our transport network and train
operations. Disclosures made under FOI are considered to be ‘a disclosure
to the world at large’ and London’s transport network will always be an
attractive target to malicious individuals who wish to cause mass
disruption or casualties. It would be entirely possible using this type of
data, combined with other information that is already available online
through various platforms and shared interest groups, for an individual
with an understanding of the rail industry to ascertain a substantial
knowledge of how our network and trains operate. This creates a higher
risk to driver, staff and public safety.

Disclosing detailed information on accurate gradients and speed
information for the Overground and Underground would be likely, in our
view, to endanger the safety of our staff and the travelling public as any
information which provides non TfL staff with intimate working knowledge
of how to drive a train on our network is a serious safety and security
matter.

In light of the current treat levels in the UK being classed as
substantial by MI5, the public interest in protecting individuals and
infrastructure is high and our upmost priority. We do not consider that
there is anything more than the most marginal benefit to the public good
through the release of the requested information. This does not help
anyone plan a journey or assess the provision of transport services in
London. It does not contribute to openness or transparency or increase
public understanding of the delivery of services and whilst we recognise
that some people are interested in transport, we do not consider that this
interest is the same as the public interest. We consider that the public
interest is served by the appropriate control of this information and
where there is a risk to health and safety, as we believe there is in this
instance, the public interest would support the application of the
exemption to prevent misuse of the information.  Therefore your complaint
has not been upheld on this occasion.

The following link will take you to a published decision notice on the
Information Commissioners Website
[1]https://ico.org.uk/media/action-weve-tak...
. In this decision notice the Information Commissioner upholds the
application of s38 made by TfL concerning information which would provide
intimate knowledge regarding train and driver movements and will provide
you with further understanding of the use of s38 in relation to our
network and public safety responsibilities.

The Panel appreciate that the above response may come as a disappointment
to you, however we hope it has provided a better clarity in regards to the
considerations given to the information requested in FOI-2483-2021. If you
are dissatisfied with the internal review actions to date please do not
hesitate to contact me or alternately you can refer the matter to the
independent authority responsible for enforcing the Freedom of Information
Act, at the following address –

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

A complaint form is also available on the ICO’s website
([2]www.ico.org.uk).

Yours sincerely

Emma Flint

Principal Information Access Adviser

FOI Case Management Team

Transport for London

[3][TfL request email]

TfL RESTRICTED

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References

Visible links
1. https://ico.org.uk/media/action-weve-tak...
2. http://www.ico.org.uk/
3. mailto:[TfL request email]
4. http://www.tfl.gov.uk/corporate/about-tfl/