Dear Paul Price

Our ref: FOI-0763-2122/GH

Thank you for your request received by Transport for London (TfL) on 15
July 2021 asking for information about Masks on Transport.

Your request will be considered in accordance with the Freedom of
Information Act 2000 and our information access policy, and we will issue
you with a response by 11 August 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

Graham Hurt

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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References

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Dear Mr Price

Our Ref:         FOI-0763-2122

Thank you for your request received on 15 July 2021 asking for information
about the use of face coverings on the public transport network.

Your request is being considered in accordance with the requirements of
the Freedom of Information (FOI) Act and our information access policy. I
can confirm we do hold the information you require.

However, in accordance with Section 17 of the Freedom of Information Act
we are still considering the balance of the public interest in relation to
a qualified exemption that applies to the requested information and have
not yet reached a conclusion. The exemption under consideration is section
42 – legal privilege. It is estimated that a decision will be reached no
later than 8 September 2021 and I will write again to inform you of that
decision. We hope to be able to provide you with a

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

[1][TfL request email]

15/7

Dear Transport for London,

It is reported that masks are required on Transport
https://web.archive.org/web/202107141625...

Please send me the exact directive for this to occur, and the science that
it was based on

Paul Price

[2][FOI #774291 email]

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References

Visible links
1. mailto:[TfL request email]
2. mailto:[FOI #774291 email]
3. http://www.forcepoint.com/

Dear Mr Price

Our Ref:         FOI-0763-2122

Thank you for your request received on 15 July 2021 asking for information
about the use of face coverings on the public transport network.

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.

Throughout the pandemic, TfL has taken its lead from prevailing UK
Government policy, which has been very clear in its communications
relating to the ‘Step 4’ changes (introduced in England on 19 July 2021)
that, although the legal requirement to wear a face covering has been
removed, it (the Government) “still recommends and expects that people
wear face coverings in enclosed and crowded spaces where they come into
contact with people they don’t normally meet – such as at airports and on
public or international transport.” On 14 July, the Secretary of State for
Transport stated in a television interview that he “expected, and indeed,
wanted” some train, bus and rail companies to insist on mask-wearing on
their services and he publicly backed the decision to keep the wearing of
them compulsory on London’s public transport services (except for those
who are exempt).

On 15 July 2021, TfL decided to retain the requirement, under paragraph
2.4 of its [1]Conditions of Carriage, for customers and passengers to wear
a face covering on the TfL network. TfL’s decision on 15 July 2021 was
taken under its statutory powers contained in section 173(1), and Schedule
11, paragraphs 1(1) and 32 of the Greater London Authority Act 1999 (as
amended). The Mayor did not direct TfL to take this decision but requested
it to do so.

A copy of the papers comprising TfL’s decision is enclosed. These papers
contain the information and scientific evidence considered by TfL in
taking this decision:

1.    TfL Conditions of Carriage and Byelaws - Face Coverings post 19 July
2021- Memo to the Commissioner

a)    Appendix 1 Appendix Commissioner's Memo - Face Coverings on TfL
public transport

b)    Appendix 2 STAC Advice

c)    Appendix 3 Face coverings - HS risk assessment (July 2021)

d)    Appendix 4 REqIA Introduction of face coverings 15.7.21

2.    Follow up email Howard Carter to TfL Commissioner [Notice to cease
and desist]

3.    Response from Commissioner

In accordance with the FOI Act, some of the information contained in the
attached documents has been removed as it is subject to a statutory
exemption to the right of access to information under section 42. In this
instance the exemption has been applied as some of the information you
have requested relates directly to the seeking, provision, and result of
legal advice.

Section 42 of the Freedom of Information Act exempts legally privileged
information, including legal advice, from disclosure under the Freedom of
Information Act. There is a very strong element of public interest inbuilt
into the concept of Legal Professional Privilege and this has long been
recognised, by the Information Commissioner, the Information Tribunal and
the courts, and it reflects the importance of legal advice being sought,
and given, in confidence as a fundamental condition on which the
administration of justice rests. There is an inherent public interest in
TfL being able to obtain full and frank legal advice, and this is
consistent with TfL’s responsibility to analyse and address legal risks
and issues.

Additionally, 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.

If this is not the information you are looking for, or if you are unable
to access it for some reason, please feel free 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

[2][TfL request email]

15/7

Dear Transport for London,

It is reported that masks are required on Transport
https://web.archive.org/web/202107141625...

Please send me the exact directive for this to occur, and the science that
it was based on

Paul Price

[3][FOI #774291 email]

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References

Visible links
1. https://content.tfl.gov.uk/tfl-condition...
2. mailto:[TfL request email]
3. mailto:[FOI #774291 email]
4. http://www.forcepoint.com/