I would like to make a request under the Freedom of Information Act 2000, for electronic copies of audio recordings used as part of the iBus AVL, radio and on-bus passenger information display and announcement system, and passenger announcements/destinations used on the London Underground network & River Bus annocements & destinations. I request the above as part of a personal project. I have no intention of publically broadcasting any of the requested material without first obtaining permission from TfL should such a need arise. It was through a Google search that I found several similar and successful requests (REF:1007749047, TfL Ref: FOI-1119-1112, TfL Ref: FOI-1503-1112) for the requested material above that has been sent on CD

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Dear

FOI Request – FOI-0078-1819

Thank you for your email.

Please find the enclosed CD containing iBus and River Bus announcements for your perusal.

Please note that while access to these announcements has been provided to you under the Freedom of Information Act 2000, you are not granted any rights to any of the intellectual property that exists in it or granted any permission to make secondary uses of it. TfL owns all intellectual property (including, without limitation, copyright) in the material supplied and will defend such rights.

If you wish to make any secondary use of the material provided, you must first obtain the consent of TfL (which may be withheld) and, if consent is granted, a fee may be charged, in accordance with the terms of the Reuse of Public Sector Information Regulations 2005.

However, in accordance with the FOI Act, TfL is not obliged to supply the audio files for London Underground 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 Global Services Ltd. The recordings in question were provided to London Underground from Global Services Ltd under a signed contract which contained explicit conditions concerning disclosure and distribution.

The contract specifies 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 in light of the disclosure of iBus 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 this is not the information you are looking for, or if you are unable to access it for some reason, please do not hesitate to contact me.

Please see the enclosed information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.

Yours sincerely

Eva Hextall

FOI Case Officer

[email protected]

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