UKGC: Old AML Rules Public, But Not Archived

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UKGC Directs Public to Find Own Historical AML Guidance

A Freedom of Information (FOI) request has revealed that the UK Gambling Commission (UKGC) does not maintain a readily accessible, centralised archive of its historical anti-money laundering (AML) guidance for the public. Instead, the regulator states the information is exempt from direct disclosure because it is accessible elsewhere on its website.

Why This Matters

Anti-money laundering regulations are a cornerstone of consumer protection and financial crime prevention in the gambling industry. Operators are frequently fined for historical failings in this area. For consumers, researchers, and legal professionals to understand the context of these enforcement actions, access to the specific guidance that was in place at the time of the breach is crucial. Without a clear historical record, it becomes difficult to assess whether an operator failed to meet the standards of the time or if the standards themselves have simply evolved.

Details of the FOI Response

The request, dated 7 November 2023, asked for all historical AML guidance issued by the Commission since 2018. In its response, the UKGC classified the outcome as a "Full disclosure" but immediately invoked Section 21 of the Freedom of Information Act 2000. This section provides an exemption for information that is reasonably accessible to the applicant by other means.

The Commission did not provide the historical documents. Instead, it provided links to the current versions of key publications, including:

• The prevention of money laundering and combating the financing of terrorism
• Duties and responsibilities under the Proceeds of Crime Act 2002
• The Commission’s money laundering and terrorist financing risk assessments

The response also pointed the requester to the general 'AML Hub' on its website, noting that this page refers to other published guidance. The onus is therefore placed on the public to search the UKGC's website for previous versions of these documents, which may or may not be available or easy to locate.

Significance for Industry Transparency

While the UKGC's response is technically compliant with FOIA legislation, it highlights a potential gap in regulatory transparency. By not providing a direct, dated archive of past guidance, the Commission makes it more challenging for the public to scrutinise the evolution of its own rules and hold operators accountable for past conduct.

For consumers trying to understand why an operator was fined for actions that took place several years ago, this lack of a simple historical reference point can create confusion. It complicates the process of comparing an operator's past behaviour against the specific regulatory expectations that existed at that time.