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Request date: 7 March 2023
This version was printed or saved on: 9 May 2025
Online version: https://www.gamblingcommission.gov.uk/about-us/freedomofinformation/policies-and-procedures-in-relation-to-data-protection-legislation
In the context of unlawful marketing by gambling companies, I'm looking for the policies and procedures you have in place to ensure non compliance with data protection legislation and your licence requirements are properly regulated. Obviously you referenced the existence of processes and procedures so that’s are what I'm looking for. I appreciate they may not be specific to unlawful marketing but presumably form part of it - essentially I’m looking for whatever it was you had in mind when describing them.
Similarly you asserted these were robust, so to apply that description in a public interest test I assume it’s based on an audit or similar assessment and would seek the same.
Thank you for your request which has been processed under the Freedom of Information Act 2000 (FOIA).
In your email you have requested, in the context of unlawful marketing, the policies and procedures the Commission has in place to ensure non-compliance with data protection legislation and your licence requirements are properly regulated.
Gambling operators are required to hold a licence from the Commission in order to offer facilities for gambling to customers located in Great Britain. The Commission goes through a licence application process as part of this and makes an assessment of suitability against criteria set out in the Act. Part 5 of the Gambling Act 2005 details the Commission’s statutory functions in relation to the licensing requirements. The Licence conditions and codes of practice (LCCP) set out the requirements all licensees must meet in order to hold a Gambling Commission licence. Section 21 of the FOIA provides that information is exempt where it is reasonably accessible elsewhere, the specific LCCP requirements relating to open and transparent marketing is available on the Gambling Commission website.
Further to this, in your email you have followed up on a comment in our initial response where it was stated that said processes were ‘robust’, and requested the audit or similar on which this description was based.
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. In this instance the use of the word robust has been used as a descriptor Commission’s regulatory policies in relation to:
As such, there is no recorded information falling within the scope of this part of your request.
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
Sorry I’m unclear what the policies and particularly procedures are to ensure compliance? If there’s literally nothing please confirm the same - listing requirements that aren’t regulated doesn’t fall into scope.
Regarding the robustness, as expected there is no recorded information to support the contention made in your previous response - which begs the question why you made the claim? Could you please log this as a complaint for the behaviour of the individual who provided the claim as it appears to misrepresentation.
I am writing further to your Freedom of Information request dated 07/03/2023, which we responded to on 28/03/2023, and your subsequent request for clarification received on 29/03/2023. We have now concluded our review and our findings are detailed below.
This request has been processed as an internal review and was conducted by someone who was not involved in the processing of your original request.
In your initial FOI request you asked for information, in the context of unlawful marketing, the policies and procedures the Commission has in place to ensure non-compliance with data protection legislation and your licence requirements are properly regulated.
We advised that, gambling operators are required to hold a licence from the Commission in order to offer facilities for gambling to customers located in Great Britain. The Commission goes through a licence application process as part of this and makes an assessment of suitability against criteria set out in the Act. Part 5 of the Gambling Act 2005 details the Commission’s statutory functions in relation to the licensing requirements.
The Gambling Commission exists to safeguard players and the wider public by ensuring gambling is fair and safe.
The main ways we do this is by:
The Gambling Commission’s functions are set out in the Gambling Act 2005 (opens in new tab) as amended by the Gambling (Licensing and Advertising) Act 2014 (opens in new tab).
The Licence conditions and codes of practice (LCCP) set out the requirements all licensees must meet in order to hold a Gambling Commission licence. In our response we advised that the specific LCCP requirements relating to open and transparent marketing is available on the Gambling Commission website.
In conclusion, I uphold our original decision that your FOI request was answered fully in our initial response.
If you are not content with the outcome of your review, you may apply directly to the Information Commissioner (ICO) for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Gambling Commission. The ICO can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.