FOI request detail

CCTV footage and pre-recorded audio files.

Request ID: FOI-2393-1819
Date published: 09 January 2019

You asked

I am requesting CCTV footage of myself on a tube having accidentally boarded a service travelling on the Kennington Loop on Thursday 18th October 2018, between 4.30 and 5.30pm. As well as this request, I would also like to request the audio files of pre-recorded Tube announcements (such as the "please mind the gap" etc.), as part of my Masters research.

We answered

TfL Ref: 2393-1819

Thank you for your email received by us on 10 December 2018 asking for information about London Underground CCTV footage and audio announcements.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold some of the information you require.

As previously mentioned in my acknowledgement to your request for London Underground CCTV footage, images from London Underground's CCTV cameras are normally only retained for 14 days, however if you would like to request access to images of you that may have been captured by London Underground's CCTV cameras please use the form provided via the following link to our website: https://tfl.gov.uk/corporate/privacy-and-cookies/access-your-data

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 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would be likely to result in a valid legal claim against London Underground or the license to use the recordings being withdrawn, which would impose additional, unnecessary costs.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 attached 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

Jasmine Howard
FOI Case Officer
Information Governance
Transport For London

 

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