correspondence between the GC and the OSR
Request
Please can you supply me with copies of all correspondence between the Gambling Commission and the Office for Statistics Regulation between October 2023 and the present?
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested copies of all correspondence between the Gambling Commission and the Office for Statistics (OSR) Regulation between October 2023 and the present.
Please see the linked information falling within the scope of your request that we are able to disclose.
Personal information relating to identifiable individuals has been redacted from the attached documents.
The Data Protection Act 2018 requires the processing of personal data to be fair and lawful. The Commission considers that it would be disproportionate for us to publicly disclose the personal data contained within these documents as there is no strong public interest in doing so. There is no legitimate expectation that the personal information of these individuals will be disclosed in the context in which it is held.
On balance, there is no legitimate public interest in disclosing this information and it would not be fair to do so.
This information is therefore exempt under section 40(2) of the Freedom of Information Act 2000.
Further to this, a small amount of emails, falling within the scope of your request have been withheld from disclosure in their entirety. This information relates to conversations with the OSR regarding organisations which the Gambling Commission have referred to them for the potential misuse of statistics. As such, section 31 (Law Enforcement exemption) of the FOIA is engaged.
The Statistics and Registration Service Act 2007 (SRSA) (opens in a new tab) established the UK Statistics Authority with the statutory objective of “promoting and safeguarding the production and publication of official statistics that serve the public good”. This includes regulating quality and publicly challenging the misuse of statistics.
The OSR, the Authority’s independent regulatory arm, is responsible for managing the casework function, undertaking monitoring to identify issues and investigating concerns raised with the Authority.
The core of OSR’s work is setting the standards for statistics through the Code of Practice, and assessing whether individual statistical outputs comply with these standards. Further information on the regulatory work of the OSR can be found here:
Our Regulatory Work – Office for Statistics Regulation (opens in a new tab)
Law Enforcement – Section 31
Section 31(1)(g) exempts information where disclosure would, or would be likely to, prejudice the exercise by any public authority of its functions for any of the purposes specified in subsection (2).
The exemption applies where disclosing information would harm either the Commission’s ability, or the ability of another body, to enforce the law.
The Commission considers the subsection below applies and therefore the information is exempt from disclosure:
Subsection 31(2)(c) refers to the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise.
It is our view that the regulatory functions of the OSR, would be prejudiced by disclosure of this information as it would:
- prejudice the OSR’s ability to fulfil its regulatory functions of driving positive change within organisations to improve the statistical system and resolving queries from individual members of the public or organisations.
- prejudice the OSR’s regulatory functions as it would undermine the trust the OSR has gained with the public and organisations in terms of disclosing information where it is only necessary and proportionate.
Arguments in favour of disclosure:
The OSR is a public body which is required to regulate the publication of statistics in the public interest. There is therefore a public interest in members of the public having confidence that the OSR is being open and honest with the information it holds so that it can be held to account.
Disclosure of the requested information could inform the public and organisations which organisations the OSR is reviewing and whether their individual statistical outputs comply with standards for statistics which are set through the Code of Practice for Statistics.
Arguments in favour of maintaining the exemption:
The majority of interventions made by the OSR are private, therefore, there is an expectation of confidence in much of the OSR’s work.
It could seriously impact the OSR’s investigation processes, if information relating to the names of organisations referred to the OSR became known; this is strongly not in the public interest as it would impair the OSR’s ability to regulate effectively.
Further, disclosure of the requested information would prejudice the outcome of future assessments by the OSR by disclosing information relating to specific organisations which could impact on the regulatory work of the OSR to the detriment of the public interest.
Weighing the balance
The Commission acknowledges that there is a public interest in promoting the transparency of public authorities and the information that it holds. However, disclosure of the information would be damaging to the OSR as a regulatory body which ultimately serves to protect the wider public interest.
It is important that the public are assured that the OSR is carrying out its functions in ensuring that any individuals/organisations who publish statistical information do so in accordance with the requirements of the Code of Practice for Statistics to serve the public in line with the pillars of Trustworthiness, Quality and Value.
The OSR does publish an Issues Log, (opens in a new tab) which sets out the current status of cases and in some instances the formal response.
We consider that the public interest is better served by withholding this information, at this time, ensuring that the OSR is able to perform its regulatory activities without interference, rather than releasing information which in our view will not benefit the public as a whole.
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.
It should be noted that if you wish to raise a complaint with the ICO about the Commission’s handling of your request for information, then you are required to do so within six weeks of receiving your final response or last substantive contact with us.
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
Files
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