GwL correspondence with the Gambling Commission
Request
- provide all emails between GwL (charity) and the GC (regulator)
- provide all communication with GwL relating to its Chapter One programme.
- provide all gifts, payments or funding made to Gambling With Lives
Response One
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested:
- From 1 January 2023 and 22 December 2024 all emails between GwL (charity) and the GC (regulator)
- All communication with GwL relating to its Chapter One programme.
- All gifts, payments or funding made to Gambling With Lives
I can confirm that the information requested in part one of your request has been partially provided in response to another Freedom of Information request and is published on our website.
Section 21 of the FOIA provides that information is exempt where it is reasonably accessible elsewhere.
This information can be viewed here:
Correspondence with the Gambling Commission
In this request we disclosed correspondence with GwL between 1 January 2022 and 8 February 2024.
To fulfil the remainder of this part of your request, we have conducted a search across all Gambling Commission emails for all emails between GwL and Gambling Commission email addresses between the dates 7 February 2024 and 22 December 2024.
This search would also have encompassed material within the scope of part two of your request.
I can confirm that information within the scope of your request is held by the Gambling Commission. However, we are currently in the process of gathering the representations of third parties for our consideration on the disclosure of this information. As such, we are writing to advise you that there will be a small delay in providing you with a complete response.
We will aim to provide you with a response to the remainder of your request on Wednesday 5 February 2025.
Please do accept our apologies for this delay.
I can confirm that no information is held by the Commission falling within the scope of part three of your request.
Response Two
I’m am writing to you following our correspondence dated 22/01/2025 regarding your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested
- From 1 January 2023 and 22 December 2024 all emails between GwL (charity) and the GC (regulator)
- All communication with GwL relating to its Chapter One programme.
- All gifts, payments or funding made to Gambling With Lives
In our correspondence dated 22/01/2025 we were able to provide a partial response to question one of your request and confirm that no information is held by the Commission within the scope of question three.
To fulfil the remainder of of your request, we have conducted a search across all Gambling Commission emails for all emails between GwL and Gambling Commission email addresses between the dates 7 February 2024 and 22 December 2024.
This search would also have encompassed material within the scope of part two of your request.
Please see the attached material we are able to disclose within the scope of questions one and two of your request.
Given the nature of the information included within this correspondence we are of the view that some of the information is exempt under the FOIA. The exemptions which have been engaged are detailed below.
Section 40(2) - Personal Information
We have redacted from the emails information relating to identifiable individuals that would constitute personal data.
Section 40(2) of FOIA exempts information from disclosure if it constitutes personal data and one of the conditions in either sections 40(3A), (3B) or (4A) are met.
In accordance with section 40(3A)(a) of FOIA, personal data is exempt from disclosure if disclosure would contravene any of the data protection principles. Therefore, in order to disclose this information, the Commission must be satisfied it has a lawful basis to do so.
The Data Protection Act 2018 requires the processing of personal data to, amongst other matters, be fair and lawful.
The Commission considers that it would be disproportionate for us to publicly disclose the personal data of individuals, as there is no strong public interest in doing so. There is also no expectation that the personal information of these individuals will be disclosed in the context in which it is held. Please note, however, that some personal data has not been redacted. The personal data includes senior individuals such as MP’s and the Gambling Commission’s Chief Executive Officer.
On balance, officials do not consider there is a legitimate public interest in disclosing the personal data 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.
Section 31 - Law Enforcement
Information relating to our regulatory activity 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.
Public interest test
The factors the Commission has considered when applying the public interest test have been detailed below.
Arguments in favour of disclosure:
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 and when the Commission communicates with organisations. 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.
Arguments 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 be likely to lead to reluctance from stakeholders to provide information to the Commission in the future, which would have a substantial adverse effect on the Commission’s ability to carry out its regulatory functions.
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.
Weighing the balance
The Commission acknowledges that there is a public interest in promoting the accountability and transparency of public authorities and the importance of having sufficient information in the public domain to support consumers with their choice of operator, however, disclosure of the information would be damaging to the Commission as a regulatory body which ultimately serves to protect the wider public interest.
It is important that the public are assured that the Commission is carrying out its functions in ensuring that any individuals/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.
However, there is a strong public interest in preserving the processes that the Commission has in place to assess operators’ compliance with the LCCP and identify any operators who will be unable to comply with the licensing requirements. The public trust that the Commission has robust processes in place to assess operators so that when they use the services provided by an operator, they are confident that there has been sufficient scrutiny of that operator to ensure that they are protected. If this information were released it would undermine that confidence.
Looking at the nature of the request, the Commission considers that the relevant prejudice identified above would be likely to be caused to the Commission by disclosure and this weighs in the balance when considering the question of public interest.
We consider that the public interest is better served by withholding the documentation ensuring that consumers are protected through our processes rather than releasing information in isolation 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
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