UKGC Cites Law Enforcement to Withhold Complaint Data
FOI response reveals the regulator's policy of not confirming or denying operator investigations, prioritising enforcement integrity over real-time transparency.
A Freedom of Information request has revealed the UK Gambling Commission's policy of refusing to confirm or deny holding complaint data against operators. Citing a law enforcement exemption, the regulator prioritises the integrity of potential investigations over real-time transparency for consumers.
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Regulator Refuses to Confirm or Deny Holding Complaint Information
A Freedom of Information (FOI) disclosure has shed light on the UK Gambling Commission's (UKGC) strict policy regarding the release of complaint data against licensed operators. In a response dated 19 April 2023, the regulator refused to confirm or deny whether it held information on complaints against Skill on Net, the company behind the Lord Ping casino brand, citing a law enforcement exemption.
This stance highlights a crucial aspect of the UKGC's operational procedure: it will not reveal whether an operator is the subject of complaints or an ongoing investigation. For consumers, this means that official information on an operator's regulatory issues is typically only available after an investigation has concluded.
The FOI Request and the UKGC's Response
The request sought two types of information concerning Skill on Net:
- All publicly available information on the company's licences.
- Details of complaints that have been dealt with or are currently ongoing.
For the first part, the UKGC stated the information was already accessible via its public register of gambling businesses, making it exempt from the FOI process under Section 21.
However, for the second and more critical part of the request, the Commission invoked Section 31(3) of the FOIA. This 'Law Enforcement' exemption allows a public authority to neither confirm nor deny holding information if doing so would, or would be likely to, prejudice its ability to carry out its regulatory duties.
Protecting Investigations Over Public Disclosure
The UKGC conducted a public interest test to justify its decision. It acknowledged the public's right to transparency and accountability from the regulator. However, it argued that the arguments in favour of withholding the information were stronger.
According to the Commission, confirming or denying the existence of complaints or an investigation could:
- Alert an operator, giving them an opportunity to "alter their behaviours or evade detection."
- Hinder future investigations by making stakeholders less willing to share information openly.
- Unfairly associate operators with what may be unsubstantiated allegations.
Ultimately, the UKGC concluded that the public interest is "better served by withholding this information" to protect the integrity of its regulatory processes. Details of an operator's failings are only published once a formal regulatory decision or settlement is reached.
What This Means for Consumers
This response clarifies the UKGC's role as an industry regulator, not a consumer ombudsman. While it uses customer complaints as vital intelligence to identify potential licence breaches and inform its regulatory approach, it does not act on individual cases or provide a running commentary on an operator's status.
For players researching an online casino, this means the primary sources of official information remain the UKGC's public licence register and its published list of regulatory sanctions. The FOI process cannot be used to uncover whether an operator is currently under scrutiny, leaving a gap in real-time transparency until the regulator decides to make its findings public.