UKGC Cites FOI Exemption for 'Available' Website Data
Regulator directs user to public register after FOI request for a list of lottery managers its website claimed was 'available'.
A Freedom of Information request has revealed a potential gap in the accessibility of the UK Gambling Commission's public data. The regulator withheld a list of licensed lottery managers, which its website claimed was available, directing the user back to its complex public register. This highlights potential difficulties for consumers trying to verify the credentials of lottery operators.
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A Freedom of Information (FOI) disclosure has highlighted potential difficulties for consumers seeking information on the UK Gambling Commission's (UKGC) website. The regulator withheld a direct list of licensed External Lottery Managers (ELMs), despite its own guidance page stating such a list is available, and instead pointed the user to its main public register.
What are External Lottery Managers?
External Lottery Managers, or ELMs, are professional organisations that run lotteries on behalf of charities, societies, or local authorities. They handle the operational aspects of the lottery, from ticket sales to prize distribution.
For consumer protection, any ELM must hold a specific lottery manager operating licence from the Gambling Commission. Consumers participating in society lotteries may wish to verify that the company running the lottery is properly licensed, ensuring the lottery is fair and legal.
The Request and Response
In a request dated 27 April 2023, a member of the public asked the UKGC for the location of the list of licensed ELMs. The user noted that the Commission's own guidance page on ELMs states, "A list of licensed ELMs is available on the Commission's website," but provides no direct link.
The requester added that after being unable to find the list, they called the UKGC and were advised by a staff member that submitting an FOI request would be the easiest way to obtain it.
In its official response, the Commission did not provide the list. Instead, it withheld the information under Section 21 of the Freedom of Information Act, which provides an exemption for information that is "reasonably accessible elsewhere."
The UKGC directed the user to the main public register, a comprehensive database of all licensed operators, and advised them to filter the results to find ELMs.
Why This Matters for Consumers
This exchange reveals a significant disconnect between the information the UKGC states is easily accessible and the actual user experience. While the data on licensed ELMs is technically public, the process required to find it is more complex than the Commission's guidance suggests.
The key takeaways for consumers are:
- Information Accessibility: Finding specific licensed operators may require navigating the UKGC's full public register rather than a simple, curated list.
- Verification Process: Consumers wishing to check the licence status of a lottery manager cannot rely on a simple, dedicated list on the ELM guidance page. They must use the public register's search and filter functions.
- Official Guidance: The fact that a UKGC staff member suggested an FOI request as the 'easiest way' to get the information indicates that even internally, the process for accessing this data may be seen as cumbersome.
For consumers, this incident underscores the importance of persistence when conducting due diligence. While the regulator holds the necessary data, accessing it in a straightforward format can sometimes require an indirect and more complicated approach.