Dear Mark

 

TfL Ref:          FOI-0936-1112

 

Thank you for your e-mail received by Transport for London (TfL) on 18
October 2011 asking for audio files of the announcements made on the
Victoria Line, London Overground, and London Trams.

 

Your request will be processed in accordance with the requirements of the
Freedom of Information Act and TfL’s information access policy. 

 

A response will be provided to you by 15 November 2011.

 

In the meantime, if you would like to discuss this matter further, please
feel free to contact me.

 

Yours sincerely

 

Gemma Jacob

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[1][TfL request email]

 

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Dear Mark

 

TfL Ref:          FOI-0936-1112

 

Thank you for your e-mail received by Transport for London (TfL) on 18
October 2011 asking for audio files of the announcements made on the
Victoria Line, London Overground, and London Trams.

 

Your request has been considered in accordance with the requirements of
the Freedom of Information Act and TfL’s information access policy. I can
confirm TfL does hold the information you require. You asked for:

 

Please provide three separate CDs via post which contain all announcements
used on:

a) London Tramlink

b) London Overground

 

A CD containing the sound files of the audio recordings for London
Overground trains and stations and Croydon Trams, has been put into the
post to you today (15 November 2011). If you do not receive this within
the next few days please let me know.

 

Please note that while access to this material 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.

 

c) Victoria Line

 

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 recent 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 feel free 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

 

Gemma Jacob

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[1][TfL request email]

 

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