UKGC Confirms 2021 Affordability Docs Are Public

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A Freedom of Information (FOI) request has confirmed that the foundational documents for the UK Gambling Commission's (UKGC) rules on affordability checks are publicly accessible.

In response to a request dated 19 October 2023 for a copy of its 2021 consultation on affordability checks, the regulator directed the applicant to existing public records. This disclosure provides consumers with a direct link to the origins of some of the most significant player protection measures in recent years.

Context: The Path to Affordability Checks

Affordability checks, also known as financial risk checks, are a key part of the UKGC's strategy to reduce gambling-related harm. These measures require online gambling operators to assess whether a customer's spending is affordable and sustainable. The rules for these checks were developed following a period of public consultation, and this FOI response clarifies where the records of that process can be found.

Details of the Disclosure

The UKGC granted the request a "Full disclosure" status. However, instead of providing a new document, it invoked Section 21 of the Freedom of Information Act 2000, which exempts information that is "reasonably accessible elsewhere."

The Commission pointed to two key documents that are available on its public consultation platform:

1. Remote Customer Interaction - Consultation and Call for Evidence: This was the initial document published in 2021. It outlined the UKGC's proposals for stronger requirements on operators to interact with customers and assess affordability. It also invited feedback from the public, industry stakeholders, and individuals with lived experience of gambling harm.

2. Remote Customer Interaction: Consultation Response: This document summarises the feedback the UKGC received during the consultation period. It details the regulator's final decisions and explains the reasoning behind the rules that were subsequently implemented.

Significance: Why This Matters for Consumers

While this FOI request did not uncover previously hidden information, it serves as an important signpost for consumers. It confirms that the evidence and arguments that shaped today's affordability check rules are not secret; they are a matter of public record.

For anyone concerned about or affected by affordability checks, these documents offer valuable insight. They allow consumers to:

• Understand the Rationale: See the evidence the UKGC used to justify the need for stronger checks.
• Review Public Feedback: Read what other consumers, gambling companies, and charities said about the proposals.
• Trace the Decision-Making Process: Follow how the regulator's initial ideas evolved into the final rules that operators must now follow.

By directing the public to these primary sources, the UKGC is reinforcing the transparency of its regulatory process. This allows consumers to be better informed about the rules designed for their protection and to hold both operators and the regulator accountable.