Transparency spend data

Request

I am looking for some assistance with your organisation’s Spend/Transparency data, available on the following weblink: /about-us/transparency/spending.

There appears to be no file available for the month of October 2022 to December 2022.

Could you advise when the file will be made available to view online? Would it be possible for you to email me a copy of the October 2022 to December 2022 file please and thank you.

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 Gambling Commissions Spend/Transparency data for October 2022 to December 2022.

Cabinet Office disclosure requirements are published on our website bi-annually (in May and November) therefore we consider this information to be exempt under section 22 of the FOIA.

Section 22(1) of the FOIA (“information that is intended to be published in the future”) provides that information is exempt if:

• the information is held by the public authority with a view to its publication, by the authority or any other person, at some future date (whether determined or not)
• the information was already held with a view to such publication at the time when the request for information was made.

This is a qualified exemption, therefore, the Commission must consider whether the public interest in maintaining the exemption is greater than the public interest in disclosing the requested information.

Arguments in favour of disclosure

It is recognised that there is a legitimate public interest in promoting the accountability and transparency of public authorities and in Government Departments providing information they hold that falls within the scope of an FOI request as quickly as possible.

Arguments in favour of maintaining the exemption

However, this needs to be balanced with the public interest in the Gambling Commission ensuring the maximum time/cost effectiveness; providing this information in response to a FOI request is not the most time/cost effective way of placing this information in the public domain when it will be published in due course on the Commission website.

The Commission maintains a biannual publication schedule for Cabinet Office disclosure obligations, which has now been detailed on the Commission website for clarity.

Weighing the balance

Having considered the above factors, the Commission is of the view that the balance of the public interest lies in maintaining the exemption. There is no outstanding public interest in releasing this information prior to its intended publication. Given the necessary preparation and administration involved in publishing the information, we consider that our publication timetable is reasonable.

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