UKGC Withholds Own Late Spending Data Under FOI

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UKGC Cites Exemption to Delay Release of Own Spending Figures

The UK Gambling Commission (UKGC) has withheld its own spending data for the third quarter of 2023 following a Freedom of Information (FOI) request, according to a disclosure on the regulator's website.

In a request dated 7 December 2023, a member of the public asked for the Commission's Spend/Transparency data covering July to September 2023. The requester noted that the file was not available on the UKGC's website, where such data is normally published.

Despite a stated bi-annual publication schedule of May and November, the UKGC refused to provide the data, invoking a legal exemption.

Context: Why This Data Matters

The Spend/Transparency data is part of a mandatory Cabinet Office requirement for government departments and public bodies to be transparent about their expenditure. This information details payments over £25,000, providing insight into how the organisation uses its funds.

For consumers and the industry, this data is a key tool for accountability. The UKGC is funded primarily through the licence fees paid by gambling operators. Scrutinising its spending allows the public to understand how the regulator allocates resources to its duties, from enforcement to research and public protection.

Details of the Refusal

The UKGC's response acknowledged the request but stated the information was exempt from disclosure under Section 22(1) of the Freedom of Information Act 2000. This section covers "information that is intended to be published in the future."

The Commission argued that its established bi-annual publication schedule was the most "time/cost effective way of placing this information in the public domain." It conducted a public interest test, concluding that the arguments for maintaining the exemption and adhering to its own publication timetable outweighed the public interest in an immediate release via an FOI request.

In its response, the UKGC stated: "The Commission maintains a biannual publication schedule for Cabinet Office disclosure obligations, which has now been detailed on the Commission website for clarity."

Significance: A Question of Timeliness

The core of the issue lies in the timing. The data in question, covering July to September 2023, would typically be part of the November 2023 publication. The FOI request was made on 7 December 2023, after the scheduled publication month had passed and the data had not appeared online.

The Commission's use of a "future publication" exemption for data that was, by its own schedule, seemingly overdue, raises questions about its adherence to its transparency commitments. While the regulator confirmed the data would be published eventually, the refusal to provide it upon request meant that public scrutiny of its Q3 2023 spending was delayed.

This case highlights the potential for conflict between scheduled transparency releases and the public's right to request information. It demonstrates that even when data is intended for the public domain, delays in publication can prevent timely access and accountability.