BetIndex - PowerPoint slides
Request
In a response to a FOI request you sent me the following response which included two slides. This new request is for the complete set of slides in this slide pack - and for the date the slides were prepared.
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
Following our response to your initial request for ‘a copy of all the detailed financial assessments carried out on Bet Index (trading as Football Index) excluding the "detailed financial assessment" referred to by the Chief Executive of the Gambling Commission in a blog post written on the Gambling Commission website (as this information is subject to a separate and ongoing request)’, you have requested the following information: The complete set of slides in this slide pack and for the date the slides were prepared.
Please find attached the information that we hold that falls within the scope of your request. I can confirm that these slides were prepared on 16/03/2020.
The information contained in this presentation that refers to the unaudited financial statements for the two years ended 31 December 2018 and the management accounts for 2019, has been removed as this information has previously been refused by the Gambling Commission and is subject to an appeal to the First Tier Tribunal (FTT) (Information Rights). This information will remain exempt from disclosure awaiting the outcome of the FTT decision.
Information that we hold that relates to identifiable individuals constitutes personal data.
The Data Protection Act 2018 requires personal data to be processed lawfully, fairly and in a transparent manner in relation to the data subject. It is the view of the Commission that disclosing the personal information within the attached document would constitute the disclosure of personal data and would contravene this principle.
This information is therefore exempt under section 40(2) of the Freedom of Information Act 2000.
Review of the decision
If you are unhappy with the service you have received in relation to your Freedom of Information request you are entitled to an internal review of our decision. You should write to FOI Team, Gambling Commission, 4th floor, Victoria Square House, Victoria Square, Birmingham, B2 4BP or by reply to this email.
Please note, internal review requests should be made within 40 working days of the initial response. Requests made outside this timeframe will not be processed.
If you are not content with the outcome of our review, you may then apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have already exhausted the review procedure provided by the Gambling Commission.
The ICO can be contacted at: The Information Commissioner’s Office (opens in a new tab), Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Information Management Team
Gambling Commission
Victoria Square House
Victoria Square
Birmingham B2 4BP
Review Request
Thank you for responding to my FOI request. However, unfortunately, the response is not satisfactory so I am requesting that an internal review is carried out.
I am seeking full disclosure of all information currently withheld.
The response should have considered the application of FOIA exemptions and the public interest test at the time of response. Circumstances can change between the date of an old request and a new request - such as the level of prejudice and the public interest. Therefore, the review should consider these matters afresh.
Review Response
Further to your Freedom of Information request dated 8/05/22 which we responded to on 7/06/22, and your subsequent request for an internal review received on 7/06/22, we have now concluded our review and our findings are detailed below.
This internal review was conducted by someone who was not involved in the processing of your original request.
Following our response to your initial request for ‘a copy of all the detailed financial assessments carried out on Bet Index (trading as Football Index) excluding the "detailed financial assessment" referred to by the Chief Executive of the Gambling Commission in a blog post written on the Gambling Commission website (as this information is subject to a separate and ongoing request)’, you requested the following information: The complete set of slides in this slide pack and for the date the slides were prepared.
In our response dated 7/06/22 we provided you with a copy of the presentation and the date the slides were prepared. We applied the S40(2) exemption to the personal information that identified individuals and we also advised that the information contained in the presentation, that refers to the unaudited financial statements for the two years ended 31 December 2018 and the management accounts for 2019, had been removed as this information had previously been refused by the Gambling Commission and is subject to an appeal to the First Tier Tribunal (FTT) (Information Rights). We advised that this information would remain exempt from disclosure awaiting the outcome of the FTT decision.
With regards to the personal information that we have redacted, it is our view that the information contained in the presentation that enables individuals to be identified is exempt from disclosure under s40(2).
There is an expectation of the individuals concerned that their personal information will not be released into the public domain. To release this information would contravene the principles listed in Article 5 of the General Data Protection Regulation (GDPR) specifically principle 5 (a) Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject. It is our view that there is no lawful basis for disclosing this information.
In addition, there is not a proportionate legitimate interest in disclosing this personal information which overrides the right to privacy of the individuals concerned.
Therefore, we uphold our original decision that the S40(2) exemption is engaged
With regards to the information contained within the presentation that relates to the unaudited financial statements for the two years ended 31 December 2018 and the management accounts for 2019, as this information is subject to an appeal to the First Tier Tribunal (FTT) (Information Rights), the information will remain exempt from disclosure awaiting the outcome of the FTT decision.
You originally submitted a request for the information we hold relating to the financial statements and management accounts detailed above on 15/04/2021. In our response to this request on 14/05/2021 we detailed what exemptions were engaged and the details of the public interest test. You requested a review of this decision on 14/05/2021 which we responded to on 24/05/2021 again setting out which exemption was engaged and the conclusion of the public interest test.
The ICO decision notice dated 16/12/2021 clearly states that the exemption is engaged. Until we have a final decision from the FTT, this information will not be disclosed.
In conclusion, I uphold our original decision that the S31 exemption is engaged, and it is not in the public interest to release the information.
If you are not content with the outcome of your review, you may apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Gambling Commission. The ICO can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Further Review Response
We write in respect of your request submitted on 8 May 2022 pursuant to the Freedom of Information Act 2000 (“FOIA”) for the complete set of slides in the slide pack - and for the date the slides were prepared (“the Request”).
In our response dated 7 June 2022 we provided the complete set of slides that fell within the scope of the request, and the date that the slides were prepared. We advised that some information was redacted, as it was personal data and, therefore it was exempt from disclosure under S40(2) of the Freedom of Information Act 2000 (“FOIA”).
We also advised that the information contained in the presentation that refers to the unaudited financial statements for the two years ended 31 December 2018 and the management accounts for 2019, was redacted as this information had previously been refused by the Gambling Commission and was subject to an appeal to the First Tier Tribunal (FTT) (Information Rights) and that this information would remain exempt from disclosure awaiting the outcome of the FTT decision. The Commission has since withdrawn the appeal on the basis that voluntary disclosure had been made by the Commission and, as a result, the appeal was purely academic.
Following the voluntary disclosure of the management accounts to you on 4 January 2023, the Commission has given further consideration to the information which is the subject of the Request. The Commission has reviewed the information provided to you on 4 January 2023, and considers that the information withheld as part of the Request is distinctly similar to the information already provided. The Commission has therefore decided to voluntarily disclose the information sought in your Request.
In reaching this decision, the Commission has also considered the circumstances relating to your request, and the likely impact of the disclosure of information which is largely in your possession following earlier voluntary disclosure by the Commission.
The Commission maintains its position that it was correct to apply section 31 to part of the Request, in particular because the information contained within the slides was obtained during the course of a formal investigation by the Commission. Further, the Commission maintains its position that the public interest balancing exercise at the time the Commission considered the Request was in favour of maintaining the exemption.
The relevant information which is held by the Commission which falls within the scope of the Request is attached to this letter, subject to limited redactions in relation to the names of certain individuals which are contained within the slide pack.
For the avoidance of doubt, we reiterate that the Commission’s position remains that it was entitled to withhold the information which was the subject of your Request at the time this was considered by the Commission. The Commission’s decision to disclose the information sought in your Request at this time should not be taken as setting any precedent as to the manner in relation to which the Commission will deal with other requests relating to BetIndex Limited or any other entity that is licenced or has previously applied for a licence from the Commission.
We will advise the Information Commissioner’s Office of our decision to disclose this information to you and will provide a copy of this response.
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