Normandy ad campaign

M Bimmler made this Freedom of Information request to Transport for London

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear Transport for London,

according to media reports, a proposed ad campaign for the Normandy Development Agency / AD Normandie has recently been rejected by TfL for display on public transport.

Please could you supply all records relating to this decision.

Yours faithfully,

Michael Bimmler

Hextall Eva, Transport for London

Dear Mr Bimmler

 

Our ref: FOI-4844-1718

 

Thank you for your request received by Transport for London (TfL) on 11
March 2018 asking for information about the Normandy advert.

 

Your request will be processed by TfL, the Greater London Authority and
its subsidiaries to provide you with a response in accordance with the
Freedom of Information Act 2000 and our information access policy.

 

A response will be sent to you by 11 April 2018. We publish a substantial
range of information on our website on subjects including operational
performance, contracts, expenditure, journey data, governance and our
financial performance. This includes data which is frequently asked for in
FOI requests or other public queries. Please check
[1]http://www.tfl.gov.uk/corporate/transpar... to see if this helps you.

 

We will publish anonymised versions of requests and responses on the
[2]www.tfl.gov.uk website. We will not publish your name and we will send
a copy of the response to you before it is published on our website.

 

In the meantime, if you would like to discuss this matter further, please
do not hesitate to contact me.

 

Yours sincerely

 

Eva Hextall

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

 

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FOI, Transport for London

1 Attachment

Dear Mr Bimmler

 

Our ref: FOI-4844-1718

 

Thank you for your request received by Transport for London (TfL) on 11
March 2018 asking for information about the Normandy advert.

 

Your request is being considered in accordance with the requirements of
the Freedom of Information (FOI) Act and our information access policy. I
can confirm we do hold the information you require.

 

However, in accordance with Section 17 of the Freedom of Information Act
we are still considering the balance of the public interest in relation to
a qualified exemption that applies to some of the information captured by
your request and have not yet reached a conclusion. The exemption under
consideration is section 43(2) – Commercial Interests. It is estimated
that a decision will be reached by 10 May 2018 and I will write again to
inform you of that decision.

 

Please see the attached information sheet for details of your right to
appeal.

 

Yours sincerely

 

Eva Hextall

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

 

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FOI, Transport for London

3 Attachments

Dear Mr Bimmler

 

Our ref: FOI-4844-1718

 

Thank you for your request received by Transport for London (TfL) on 11
March 2018 asking for information about the Normandy advert. I am sorry
for the delay in replying.

 

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

 

According to media reports, a proposed ad campaign for the Normandy
Development Agency / AD Normandie has recently been rejected by TfL for
display on public transport.

 

Please could you supply all records relating to this decision.

 

We received three versions of the Normandy creatives in total and all
three were rejected. These advertisements were rejected under Clause
2.3(h) of the TfL Advertising Policy as they contain images or messages
which relate to matters of public controversy and sensitivity.

 

The reason these creatives were not accepted to run was due to the overall
concept of the campaign being non-compliant with the TfL Advertising
Policy. Please see the attachments for more information, particularly the
attachment titled ‘Normandy 16 sheet’.

 

Please note we have removed the value of the advertising campaign in the
attached emails. Disclosure of the negotiated value of the advertising
would prejudice TfL’s ability to maximise revenue from future advertising.
The final negotiated value of the advertising is subject to exemption from
disclosure under s43(2) of the Freedom of Information Act, as disclosure
would be likely to prejudice ours and the client’s commercial interests by
affecting our ability to negotiate the best possible price with potential
advertisers. We consider that in this case the public interest supports
withholding this information in order to protect our advertising revenue
as we reinvest every pound of income in the transport network, to the
benefit of fare and tax payers. Through sustained investment we are
improving the transport network for the millions of people who rely on it
everyday.

 

We have also removed copies of the rejected adverts under section 43(2).
The withheld information contains images that have been rejected for use
in advertisements in line with our Advertising Policy. Advertisers will be
reticent to advertise with us if they know rejected images or
advertisements could be published. Likewise, it may put off advertisers
submitting any material to us earlier in the process and us supporting
them to produce more appropriate advertisements. This neither suits our
commercial interests or the production of appropriate advertising in line
with the Advertising Policy.

 

Whilst we recognise that there will be some interest in the rejected
images, we consider that even if the disclosure did not lead to action for
breach of confidence, it would damage our commercial interests and our
ability to engage with advertising companies in the future. We do not
consider that there are any other strong public interest factors in favour
of disclosure.

 

The use of s43(2) exemption is subject to an assessment of the public
interest in relation to the disclosure of the information concerned.
Whilst we recognise the need for openness and transparency by public
authorities, in this instance the release of the requested information
would have a detrimental effect on our ability to negotiate, therefore
adversely affecting our potential to secure value for public money. This
detriment outweighs the general public interest in disclosure of the
requested information.

 

Furthermore, in accordance with TfL’s obligations under the Data
Protection Act 1998 (DPA) some personal data has been removed, as required
by section 40(2) of the FOI Act. This is because disclosure of this
personal data would be a breach of the DPA, specifically the first
principle of the DPA which requires all processing of personal data to be
fair and lawful. It would not be fair to disclose this personal
information when the individuals have no expectation it would be disclosed
and TfL has not satisfied one of the conditions of Schedule 2 of the Data
Protection Act which would make the processing ‘fair’.

 

This exemption to the right of access to information is an absolute
exemption and not subject to an assessment of whether the public interest
favours use of the exemption.

 

We have also removed emails from the client as they are considered out of
scope of this request.

 

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

 

Eva Hextall

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

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References

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1. http://www.tfl.gov.uk/corporate/about-tfl/