UKGC Blocks Release of 'Frictionless' Check Emails

Article Content

UKGC Withholds Communications on 80% Frictionless Check Claim

The UK Gambling Commission (UKGC) has refused to release emails between its senior executives and the government regarding the implementation of 'frictionless' affordability checks. In response to a Freedom of Information (FOI) request, the regulator confirmed it holds relevant information but has withheld it to protect ongoing policy discussions.

The request, dated 19 October 2023, sought communications from UKGC CEO Andrew Rhodes and Executive Director Sarah Gardner to the Department for Culture, Media and Sport (DCMS). It specifically targeted discussions around the assertion in the Gambling Act Review White Paper that 80% of customer accounts triggering affordability thresholds would pass through these new checks without any friction.

Why This Matters to Consumers

Frictionless checks are a cornerstone of the government's proposed gambling reforms. They are intended to be background financial vulnerability checks, using data from credit reference agencies, that happen without a customer needing to provide documents like payslips or bank statements. The government's claim that 80% of these checks will be seamless is a critical selling point designed to reassure the majority of gamblers that they will not be inconvenienced.

The withheld emails could reveal the UKGC's expert assessment of this 80% figure, including any concerns or advice provided to the government about its feasibility. The refusal to disclose this information limits public scrutiny of a key promise underpinning the new regulatory framework.

Details of the Refusal

In its initial response on 27 November 2023, the UKGC acknowledged holding "a small amount of information" falling within the scope of the request. However, it invoked Section 36 of the FOIA, which provides an exemption for information that would likely inhibit:

• The free and frank provision of advice
• The free and frank exchange of views for the purposes of deliberation

The Commission argued that disclosure would impair the quality of decision-making and advice provided to the DCMS. It stated a need for a "safe space for Commission officials to have free and frank exchanges with the DCMS" while deliberations on the Gambling Act Review are live.

The requester challenged this decision, arguing the justification "could be used to block almost any FOI request" and that it strengthened "the feeling that the commission is failing to meet basic transparency needs."

On 20 December 2023, the UKGC completed an internal review and upheld its original decision. The review concluded that disclosing opinions on this "live' issue" could inhibit the Commission's ability to conduct robust reviews in the future, which would ultimately impact its role as a regulator and harm consumer protection.

Significance and Industry Implications

The UKGC's decision means that consumers, campaigners, and the industry remain unaware of the regulator's internal position on one of the most debated aspects of the White Paper. While the Commission maintains that premature publication could lead to an "incomplete and confusing picture," the lack of transparency fuels uncertainty about how frictionless checks will work in practice.

By citing the need to protect ongoing deliberations, the UKGC has prioritised the confidentiality of its policy development process over public transparency. As a result, the evidence and expert opinion behind the government's 80% frictionless check promise remain shielded from public view.