UKGC Withholds Operator Donation Data
Regulator refuses to name operators funding harm prevention body Better Change CIC, citing regulatory concerns.
The UK Gambling Commission has refused to disclose which gambling operators have made financial contributions to the harm prevention body Better Change CIC. Citing risks to its regulatory functions, the UKGC withheld the data despite confirming it holds the information.
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UKGC Cites Risk to Operator Relations in Refusing to Disclose Donation Details
The UK Gambling Commission (UKGC) has withheld information detailing which gambling operators have made financial contributions to the harm prevention organisation Better Change CIC. The decision, made in response to a Freedom of Information (FOI) request dated 23 July 2024, highlights a conflict between public transparency and the Commission's regulatory methods.
The Request for Transparency
The FOI request asked the UKGC to name every operator that has contributed to Better Change CIC, a community interest company on the Commission's approved list for receiving such funds. It also sought to uncover the size and date of each contribution.
Under their Licence Conditions and Codes of Practice (LCCP), all UK-licensed gambling operators must make annual financial contributions to organisations involved in Research, Prevention, and Treatment (RET) of gambling-related harm. Consumers and researchers often seek to understand which operators are funding which RET bodies to assess their commitment to social responsibility.
Why the Information Was Withheld
The UKGC confirmed that it holds the requested information via regulatory returns submitted by operators. However, it refused to disclose the details, citing Section 31 of the Freedom of Information Act, which relates to law enforcement and regulatory functions.
The Commission argued that releasing operator-specific contribution data would be "likely to prejudice" its ability to regulate effectively. Its reasoning is that operators provide this information with an expectation of confidentiality. The UKGC stated:
"Releasing this information would undermine our relationship with operators as the information that they provide to us as part of the regulatory return process is done so on the understanding that this will not be released into the public domain."
According to the regulator, breaking this understanding would make operators less willing to share information candidly in the future, damaging the Commission's ability to function and ultimately harming the public interest.
An internal review requested by the applicant on 7 August 2024 upheld the original decision. The requester argued that the information should be public as it comes from RET organisations, not just confidential operator returns, and raised separate concerns about Better Change CIC. The Commission maintained its position, concluding that the public interest in effective regulation outweighed the public interest in disclosure.
What This Means for Consumers
This decision means that while the UKGC publishes aggregate data on how much money each RET organisation receives, consumers cannot see which specific operators are providing the funds. For example, the UKGC's published data shows total contributions received by all approved bodies, but not a breakdown of donors.
The refusal prevents the public from scrutinising the funding relationships between individual operators and the organisations tasked with researching and mitigating the harms their products can cause. It leaves a significant gap in transparency for consumers wishing to make informed choices based on an operator's approach to social responsibility.