Request ID: FOI-1077-2122 Date published: 15 September 2021
You asked
I am wondering if I can have a file of the Waterloo Tube Station announcements please?
We answered
TfL Ref: FOI-1077-2122
Thank you for your request received by Transport for London (TfL) on 23 August 2021, asking for Waterloo Station audio announcements.
Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and TfL’s information access policy. I can confirm TfL does hold the information you require.
However, in accordance with the FOI Act, TfL is not obliged to supply the audio files 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 Telent Ltd. Unlike the Jubilee, Northern and Piccadilly (JNP) line on train announcements supplied by Ketech that we routinely disclose, the station platform recordings were recorded for Telent, under a licence agreement which contained specific conditions concerning disclosure and distribution.
The contract specifies that TfL does not have a right to copy and distribute the recordings to third parties whose use does not relate to the operation, maintenance, repair or upgrading of the assets, and fulfilling all its obligations under the contract. 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would be likely to result in a valid legal claim against London Underground or the license to use the recordings being withdrawn, which would impose additional, unnecessary, costs.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.
However, we are able to release a transcript of the recordings if this is something you would be interested in.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Eva Hextall FOI Case Management Team General Counsel Transport for London
