UKGC: Licence Holders Public, Applicants Kept Private

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UKGC Cites Privacy in Refusal to Name Licence Applicants

The UK Gambling Commission (UKGC) has confirmed it will not release the names of individuals who have applied for, but not yet been granted, a personal licence to work in the British gambling industry. The decision, detailed in a Freedom of Information (FOI) response dated 18 February 2024, highlights the line between public transparency for licensed individuals and privacy rights for applicants.

Context: The Role of Personal Licences

A Personal Management Licence (PML) is required for senior staff who hold key management and decision-making roles within a licensed gambling operator. These licences ensure that the individuals running gambling companies meet the UKGC's standards for integrity, competence, and suitability.

For consumers, the licensing of key personnel is a crucial safeguard, providing assurance that gambling businesses are managed by individuals vetted by the regulator. The transparency of this system allows the public and industry stakeholders to verify the credentials of those in charge.

Details of the FOI Request and Response

The request asked for the names of all individuals who either hold or have applied for personal licences in Great Britain. The UKGC's response split the request into two parts:

1. Current Licence Holders: The Commission stated that information on individuals who currently hold a personal licence is already publicly available and accessible. It directed the requester to its official Public Register, where anyone can search for licensed businesses and individuals. This part of the request was therefore considered exempt under Section 21 of the FOIA, as the information is reasonably accessible elsewhere.

2. Licence Applicants: For individuals who have applied for but not yet been granted a licence, the UKGC refused disclosure. It invoked Section 40(2) of the FOIA, which provides an exemption for personal data.

The regulator argued that releasing applicants' names would be unfair and unlawful under the Data Protection Act 2018. It stated that these individuals have a "legitimate expectation that their personal details will not be disclosed" during the application process. The Commission concluded that there was "no legitimate public interest" strong enough to override this right to privacy.

Significance: Balancing Transparency and Privacy

This response clarifies the UKGC's position on regulatory transparency. While the Commission is committed to making the details of approved licence holders public, it considers the application process a private matter between the individual and the regulator.

For consumers, this means:

• Verification is possible: You can use the Public Register to check if a senior manager at a gambling company is officially licensed by the UKGC.
• Future changes are private: You cannot see who is currently in the pipeline to take on a senior role at an operator. The public is only made aware of an individual's status once the UKGC has completed its vetting process and made a final decision to grant the licence.

The UKGC's stance protects the privacy of applicants who may ultimately withdraw their application or be refused a licence, preventing potential damage to their professional reputation from a failed or incomplete application process. The point of public disclosure, in the regulator's view, begins only when an individual is officially approved to hold a position of responsibility.