This case originated outside of a webform submission and does not have a summary
Request ID: FOI-0052-2122
Date published: 19 April 2021
You asked
D stock District line announcements
Dear Transport for London,
Please could I request all audio announcement files used on the D Stock up until their withdrawal in 2017?
I'm requesting these on the basis that they are no longer used not required on the network - I'd be happy to receive a copy via file-upload or by post.
We answered
TfL Ref 0052-2021/22
Thank you for your request received by Transport for London (TfL) on 8 April 2021 asking for information about D Stock District line Announcements.
Your request has been processed in accordance with the requirements of the Freedom of Information Act and TfL’s information access policy. I can confirm we hold the information you require.
However, in accordance with the FOI Act, TfL is not obliged to supply the audio files for the D Stock District Line announcements as the information is subject to a statutory exemption to the right of access to information under section 43(2).
In this instance section 43(2) has been applied as disclosure of the information requested would be likely to prejudice the commercial interests of TfL and/or the company used to provide the recordings. The recordings in question were provided to London Underground under signed contracts which contained explicit conditions concerning disclosure and distribution.
These contracts specify that the recordings are solely to be used for the purpose for which they were created and for broadcast on the London Underground network only. If TfL were to disclose these recordings in response to an FOI request, it would constitute an actionable breach of contract and would be likely to result in a valid legal claim against London Underground or the license to use the recordings being withdrawn, which would impose additional, unnecessary, costs. TfL wishes to protect its commercial interests and ability to participate in future commercial activity. The disclosure of this information would be to the detriment of present and future business activities for both parties.
The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. TfL recognises the need for openness and transparency within public authorities and the degree of public interest concerning London transport announcements. However, in this instance this is outweighed by the damage that would be done to TfL’s ability to use these recordings and any future contractual negotiations that may take place regarding the London Underground announcements.
If you are considering submitting a further FOI request please think carefully about whether the request is essential at this current time, as answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. Where requests are made, please note that our response time may be impacted by the current situation.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Sara Thomas
FOI Case Management Team
General Counsel
Transport for London
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