Communication between the Gambling Commission and the ICO

Request

Please provide a copy of all communication between the Gambling Commission and the Information Commissioner's Office with regard to the following case, for the period from 27 January 2022 to date:

Information Rights Tribunal Case ref: EA/2022/0015 ICO case reference: IC-109314-Z5X1

Response

Dear REDACTED

Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).

In your email you have requested a copy of all communication between the Gambling Commission and the Information Commissioner's Office with regard to the following case, for the period from 27 January 2022 to date:

Information Rights Tribunal Case ref: EA/2022/0015 ICO case reference: IC-109314-Z5X1

I can confirm the Commission does hold information falling within the scope of your request and that this information is confidential and not currently in the public domain.

I can also confirm the information requested is held within documents served upon, or by, the Commission in connection with legal proceedings in the First Tier Tribunal (FTT), which commenced before the date of your request.

Since the requested information has not entered the public domain and we consider it to be exempt from disclosure by virtue of section 32(1)(b) of FOIA, it is being withheld.

Section 32(1)(b) of FOIA provides that information is exempt from disclosure if it is held only by virtue of being contained in any document served upon, or by, a public authority for the purposes of proceedings in a particular cause or matter. This is an absolute exemption and therefore does not require public authorities to carry out a public interest test when considering disclosure.

This exemption category is intended to allow the courts to maintain judicial control over access to information it holds in relation to court proceedings unless and until the relevant documents become historical records. This includes giving courts control over what information can be disclosed without prejudicing any legal proceedings or infringing any person’s legal rights.

As such, this information will remain exempt from disclosure awaiting the outcome of the FTT decision.

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