A20 Eastbound Speed Camera Contracts

Freedom of information request reference no: 01.FOI.24.037019

I note you seek access to the following information:

A20 eastbound speed camera contracts. (west of Sandy Lane to east of Cookham Road)

1. Explanation/ Evidence/ Discussion minutes or the conversation emails between officials regarding the implementation of the type of camera to be used instead, of the use of the other camera type that is already in use all along the rest of the A20 both east and west bound.
2. Instructions/ Contract + Signed report that Shows TFL's instructions via email, letter or notice to have the Met Police review the signage and approve the camera use.
3. Evidence via signed report, that the signage used on this stretch was approved by the Met police and given in evidence to TFL ensuring the appropriate law and legislation were being followed.
4. Informative Evidence of the contract, to which company TFL had instructed, to fix signage along the A20 eastbound in October 2023. Also showing the type of signage TFL instructed to have fitted, quantity & specification;
5. Reason why this type of signage was needed Via email/ statement by TFL.
6. Informative Evidence of the Contract, to which company TFL had instructed, to fix signage along the A20 eastbound in February 2024. Also showing the type of signage TFL instructed to have fitted, quantity & specification;
7. Reason why this type of signage was needed. Via email/ statement by TFL
8. Copy of the said Emergency laws/ legislations or the in place(non emergency) laws & legislations / road traffic laws & legislations /or guidelines used to implement the New Speed camera and appropriate signage along this stretch of road.
9. Please also provide details of the distance between the average speed cameras where this offence is alleged to have occurred, and the regulations of the signage that has been installed at the date of the alleged offense to inform drivers of the speed restriction of a dual carriageway

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 40(2)(3A)(a) – Personal Information

Reason for decision

Section 40(2)(3A)(a) - Personal Information - I consider that Section 40(2) and 40(3A)(a) is applicable in this case, as any further disclosure at this level of detail, would breach the 1st data protection principle that requires personal data to be processed lawfully, fairly and in a transparent manner in relation to individuals.

For such disclosure to be lawful, it would be necessary to satisfy a condition within Article 6 of the GDPR. Article 6 sets out the six lawful bases, applying to all processing; one of which must be in place in every case of disclosure of personal data, in accordance with the first data protection principle. The Information Commissioner’s Office (ICO) guidance provides:

‘In all circumstances, you must have an Article 6 lawful basis for processing.

There are six lawful bases for processing in Article 6, but only (a) consent or (f) legitimate interest are relevant to disclosure under FOIA or EIR.

In order to assess whether this lawful basis is engaged you need to consider three key questions:

(i) Purpose: what is the legitimate interest in disclosure of the information?
(ii) Necessity: is disclosure necessary for that purpose?
(iii) Balancing test: does the legitimate interest outweigh the interests and rights of the individual?’

Here, we need to balance the rights and freedoms of the individuals involved with any legitimate public interest in disclosure. Any further disclosure of the requested information complete with individuals names and contact details, under FOIA legislation is not necessary to meet a legitimate interest. With this in mind, the data subjects in the circumstances of your request would have a legitimate expectation that this type of personal data would not be used for non-policing purposes (i.e. FOIA requests – disclosures for which are also placed on the MPS website Publication Scheme).

Any further disclosure in the circumstances of your request would be unlawful and would therefore contravene the first data protection principle. I have therefore applied the exemption provided under Section 40(2) of the Freedom of Information Act to this information as the first condition, defined in subsection (3A)(a) of Section 40 has been satisfied. This therefore, becomes an absolute exemption.

Disclosure

Questions 1, 2 & 3
Q1 - Explanation/ Evidence/ Discussion minutes or the conversation emails between officials regarding the implementation of the type of camera to be used instead, of the use of the other camera type that is already in use all along the rest of the A20 both east and west bound.
Q2 - Instructions/ Contract + Signed report that Shows TFL's instructions via email, letter or notice to have the Met Police review the signage and approve the camera use.
Q3 - Evidence via signed report, that the signage used on this stretch was approved by the Met police and given in evidence to TFL ensuring the appropriate law and legislation were being followed.

Please find below a redacted PDF which contains the email thread between TFL and the MPS with regards to signage at the site. This document has been provided in a redacted form utilising Section 40(2) – Personal information. The MPS do not hold a contract or report.

In addition to this please see the below link to an FOIA response published by TFL in relation to the same topic:

FOI request detail - Transport for London (tfl.gov.uk)

Questions 4 to 8
Q4 - Informative Evidence of the contract, to which company TFL had instructed, to fix signage along the A20 eastbound in October 2023. Also showing the type of signage TFL instructed to have fitted, quantity & specification;
Q5 - Reason why this type of signage was needed Via email/ statement by TFL.
Q6 - Informative Evidence of the Contract, to which company TFL had instructed, to fix signage along the A20 eastbound in February 2024. Also showing the type of signage TFL instructed to have fitted, quantity & specification;
Q7 - Reason why this type of signage was needed. Via email/ statement by TFL
Q8 - Copy of the said Emergency laws/ legislations or the in place(non emergency) laws & legislations / road traffic laws & legislations /or guidelines used to implement the New Speed camera and appropriate signage along this stretch of road.

This information is not held by the MPS. I have been informed that it is held by TFL.

Question 9
Q9 - Please also provide details of the distance between the average speed cameras where this offence is alleged to have occurred, and the regulations of the signage that has been installed at the date of the alleged offense to inform drivers of the speed restriction of a dual carriageway

The distance between the entry and exit camera is 1368.796 metres. TfL have adhered to the Traffic Signs Regulation and General Directions 2016 guidance when installing new signage to reflect the new speed.