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Actions taken by the Commission re BetIndex

Request date: 13 March 2021

This version was printed or saved on: 5 December 2022

Online version: https://www.gamblingcommission.gov.uk/about-us/freedomofinformation/actions-taken-by-the-commission-re-betindex

Request

I am writing a freedom of information request to seek limited details of actions taken by the UK Gambling Commission in relation to BetIndex Ltd (t/a Football Index). 

In particular, I would like to know what actions were taken in response to the following correspondence of 11 December 2020, made by Mr Caan Berry - Football Index Warning Email to Gambling Commission (11th December 2020) (opens in a new tab)

Can you please advise action(s) taken following this communication?

Can you please advise how many times contact was made with BetIndex Ltd following this date?

Can you please advise the resources allocated to this complaint following 11 December 2020?

Can you please advise what outcome/progress was reached in relation to the 11 December 2020 complaint as of 31 January 2021?

Response

Thank you for your email in relation to the correspondence of 11 December 2020, made by Mr Caan Berry -  Football Index Warning Email to Gambling Commission (11th December 2020) (opens in a new tab). This request has been processed under the Freedom of Information Act 2000 (FOIA).

The Gambling Commission’s responses to your enquiries are detailed below.

When viewing these responses, it should be noted that the Gambling Commission are an industry regulator and not an ombudsman. Our role is to consider if a gambling business has breached their licence conditions and we will take regulatory action where appropriate. We do not become involved in individual complaints.

We use evidence from a range of places – including from gambling customers – to build cases against gambling businesses. Information provided to us helps inform our work to raise gambling industry standards and make gambling fairer and safer. Information drawn from complaints raised against operators may be used by the Commission to inform our regulatory approach and determine whether any action may be necessary.

If we have sufficient information about an issue with an operator that we feel needs to be pursued, we will commence a dialogue with the operator.

  1. Can you please advise action(s) taken following this communication?

I can confirm that the Gambling Commission does hold information falling within the scope of this part of your request. However, any activities conducted as a result of communications with a consumer would constitute their personal data.

The Data Protection Act 2018 requires the processing of personal data to be fair and lawful. It would be disproportionate for us to publicly disclose these details unless there is a strong public interest in doing so. Individuals have a legitimate expectation that their personal details will not be disclosed in the context in which they were 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.

  1. Can you please advise how many times contact was made with BetIndex Ltd following this date?

In an effort to fulfil this part of your request we have performed a search of the Gambling Commission email system for communications from @gamblingcommission.gov.uk address to an address with a domain name associated with Betindex Ltd, within the date range of 11/12/2020 – 13/03/2020 (the date of your request)

This search has concluded that there are 253 emails falling within the scope of the above parameters.

Please note, this figure does not necessarily represent individual occasions of a Gambling Commission email address making contact with a domain name associated with Betindex Ltd. This figure includes all emails within single email chains, for example, there could be several emails exchanged as a result of an initial email contact about a certain subject.

  1. Can you please advise the resources allocated to this complaint following 11 December 2020?

The FOIA gives individuals the right to request only recorded information held by public authorities, such as the Gambling Commission. It does not provide an avenue for individuals to gain views or opinions of public authorities or information not held at the time the request is made.

We do not record information relating to staff resourcing in such a way where we could provide a response to this part of your request.

  1. Can you please advise what outcome/progress was reached in relation to the 11 December 2020 complaint as of 31 January 2021?

I can confirm that the Gambling Commission does hold information falling within the scope of this part of your request. However, any activities conducted as a result of communications with a consumer would constitute their personal data.

The Data Protection Act 2018 requires the processing of personal data to be fair and lawful. It would be disproportionate for us to publicly disclose these details unless there is a strong public interest in doing so. Individuals have a legitimate expectation that their personal details will not be disclosed in the context in which they were 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.

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