Evolution games and pragmatic play
Request
S my request is you are to provide any and all information with regards to evolution games and pragmatic play. This includes the licences the operate under audit reports, numbers, and i formation of any complaints made against them. Also amy and all previous information provides to other foi to other ppl with regards to pragmatic and evolution.
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
Your Request
In your email you have requested:
‘Provide any and all information with regards to Evolution games and pragmatic play. This includes the licences they operate under audit reports, numbers, and information of any complaints made against them. Also any and all previous information provided to other FOI to other ppl with regards to pragmatic and evolution.’
Our Response
Section 21 - Information accessible to the applicant by other means
Section 21 of the FOIA provides that information is exempt from disclosure where it is reasonably accessible elsewhere. In order to be of assistance, please see the following published FOI response to a previous request in relation to complaints made against Evolution: Evolution Gaming Complaints.
You have also requested any and all previous information provided by the Gambling Commission under FOI. Please see the following published FOI responses:
- Evolution Malta Holding Limited
- Evolution Section 116 Review
- Evolution Malta Holding Limited's operating licence under Section 116
- 116 Review into Evolution AB or its subsidiaries
- Complaints about of Evolution AB games on unlicensed websites
- 116 review into Evolution AB
- The scope of the 116 review of Evolution AB
Section 31(1)g – Law Enforcement
I can confirm that further information falling within the scope of your request is held. However, the Commission is of the view that information in relation to specific operators, other than what is made publicly available, is exempt from disclosure under section 31(1)g of the FOIA (‘law enforcement’) and therefore will not be released.
Section 31(1)(g) exempts information whose 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 Commission considers the subsections below apply and therefore the information is exempt from disclosure:
i. 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,
ii. Subsection 31(2)(d) refers to the purpose of ascertaining a person’s fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on.
It is our view that the regulatory functions of the Commission, would be prejudiced by disclosure of this information as it would:
i. prejudice the Commission’s ability to fulfil its statutory functions by revealing how the Commission assesses operators’ and individuals for regulatory purposes, and
ii. prejudice the Commission’s licensing, compliance and enforcement functions as well as its ability to raise overall standards in the gambling industry as it would undermine the trust the Commission has gained with operators in terms of disclosing information where it is necessary and proportionate.
The Public Interest Test
Section 31 of the FOIA requires that we consider a public interest test to identify whether there is a wider public interest in fulfilling this request as opposed to maintaining the exemption.
In considering the public interest the Commission has considered the following factors. The Commission is a public body which is required to regulate the gambling industry in the public interest. There is therefore a public interest in members of the public having confidence the Commission is being open and honest with the information it holds so that it can be held to account.
It is important that the public are assured that the Commission is carrying out its functions in ensuring that any individuals or organisations who are involved in providing gambling facilities to the public have undergone the necessary assessments and will uphold the licencing objectives ensuring that consumers are protected.
Disclosure of the requested information could demonstrate to stakeholders and relevant parties how the Commission is assessing licensees and, furthermore, this disclosure may encourage stakeholders to work with us and contribute to our programme of work, increasing confidence in the Commission as a regulator and its ability to uphold the law.
Weighed against these factors, the Commission has also considered factors in favour of maintaining the exemption.
The Commission has robust and effective processes and procedures in place which are utilised when assessing existing licensees. These procedures and processes have been put in place to minimise the risk of an operator continuing to provide gambling services where they do not meet the required standards. This demonstrates to the public at large that they can have confidence in the Commission’s compliance assessment processes.
There is an expectation of confidence in much of the Commission’s work, particularly when discussing areas of a licensee’s compliance with the LCCP. It is the impact on this work of the Commission which is more likely to be affected by disclosure.
Disclosure of this information would also undermine the Commission's ability to uphold the licensing objectives which would impact on the trust and confidence of the public in it as a regulator.
Ultimately, the Gambling Commission regulates gambling in the interests of consumers and the wider public. As such, the Commission believes that the interests of the public are better served through maintaining the exemption.
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