Interactive instant win games entries and winners
Request
Could I please request the times someone has entered each of the 41 instant win games currently in the National Lottery App alongside the number of winners who have won each prize for the 41 instant win games currently in the National Lottery app.
Additionally I would like to also please request that the ratio of game entry's to someone going on to win any prize in that game. Ideally if this could be done for each individual prize amount alongside just an overall for each game.
E.g. rather than it solely the amount of times,
Game A played : Game A prize won
Game B played : Game B prize won
It would instead be,
Game A played :
Game A £1 prize won
Game A £2 prize won
Game A £5 prize won
Game A Total prize won
Game B played :
- Game B £1 prize won
Response
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested:
- the times someone has entered each of the 41 instant win games currently in the National Lottery App,
- alongside the number of winners who have won each prize for the 41 instant win games currently in the National Lottery app.
- additionally, the ratio of game entries to someone going on to win any prize in that game. Ideally if this could be done for each individual prize amount alongside just an overall for each game.
E.g. rather than it solely the amount of times,
Game A played : Game A prize Won
Game B played : Game B prize won.
It would instead be,
Game A played :
Game A £1 prize won
Game A £2 prize won
Game A £5 prize won
Game A Total prize won
Game B played :
- Game B £1 prize won
Firstly, I can confirm that the Commission does hold information falling within the scope of part one of your request. However, as this data provides an insight into the number of times a game has been played, we consider this information to be of a commercially sensitive nature and therefore exempt under section 43 of the FOIA.
Section 43(2) exempts information where disclosure would, or would be likely to, prejudice the commercial interests of any legal person (an individual, a company, the public authority itself or any other legal entity). The information requested relates to Interactive Instant Win Games (IIWGs). Information that we hold relating to the 'number of plays' data would provide insight into the detailed sales performance of each individual IIWG.
This information would make it clear which games are the best performers and could be used by a competitor to recreate and promote the games which perform strongest for The National Lottery. This is particularly true given the games and detailed information on the features of each product are publicly accessible via the National Lottery website.
Ultimately, disclosure of this information could therefore result in the data being used by other operators to provide products to consumers who otherwise would have played a National Lottery product. This could adversely affect National Lottery sales, and in turn, the level of returns to Good Causes, consequently impacting on the Commission’s statutory duties.
With reference to representations we sought from Camelot (the previous operator of the National Lottery), the Commission therefore feels that the disclosure of this information ‘would be likely to prejudice’ the commercial interests of Allwyn (the current National Lottery operator) and the Commission. It is our view that the exemption is therefore engaged.
Section 43 is a qualified exemption and we are required to consider whether maintaining the exemption is in the public interest.
Arguments in favour of disclosure
There is a legitimate public interest in promoting the transparency of the Commission and in making information available to the public.
Further to this, there is a legitimate public interest in understanding the performance of the National Lottery as a vehicle for providing money to good causes.
Arguments in favour of maintaining the exemption
To the extent that there is a public interest in understanding how National Lottery products are performing, sales data is already published routinely, which should provide such an understanding.
In providing such granular data on play by individual National Lottery (NL) Interactive Instant Win Game (IIWG), we would essentially be sharing detailed information on the relative success of each game.
An alternative provider of such or similar games could therefore access these games (and detailed information about them) via the NL website and seek to replicate the features or design of such games based on their relative success.
This in turn could adversely affect sales of the National Lottery, having a consequential impact on the level of funding raised for Good Causes.
Weighing the balance
Having weighed these issues, the Commission is of the view that the public interest is best served through maintaining this exemption.
Whilst the Commission aims to be open and transparent, there is a need to preserve the confidentiality of information submitted on that basis and to be mindful of the commercial sensitivities of information that is held.
There is very little that providing this information would do in terms of the public interest whilst disclosure would be likely to impact on the commercial interests of the operator and the statutory duties of the Gambling Commission.
Further to this, having completed a check of our records, I can confirm that the Commission does not hold information falling witihn the scope of parts two and three of your request.
Particularly, it is noted that in your email you have referenced a request from 2020, where we did provide similar information around prizes ‘won’. However, on review, it was discovered that we had provided ‘claimed’ and not prizes ‘won’. We do not hold information relating to the number of prizes won.
This information may be processed by Allwyn as the operator of the National Lottery, but it is not information we are required to collect in support of our regulatory functions, which are summarised here:
How we regulate The National Lottery
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