UKGC Withholds Operator Data

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UKGC Cites Law Enforcement Exemption to Withhold Operator Information

The UK Gambling Commission (UKGC) has refused to release detailed information regarding the operator Skill on Net Ltd, citing a 'law enforcement' exemption under the Freedom of Information Act. The decision highlights the limits of public access to the regulator's compliance and investigation records, even when prompted by consumer concerns.

The Request

On 15 January 2023, a member of the public submitted a Freedom of Information (FOI) request concerning Swift Casino, which trades as Skill on Net Ltd (licence number 39326). The requester expressed suspicions about the company and asked for access to all pertinent material held by the Commission.

Specifically, the request sought:

• The operator's full licence and its terms regarding fairness and consumer protection.
• Details of penalties outlined in the licence.
• Copies of any UKGC investigations, warnings, or fines issued to the company.

The Commission's Response

The UKGC confirmed that it holds information falling within the scope of the request. However, it withheld the details, deeming them exempt from disclosure under section 31(1)(g) of the FOIA.

This section protects information whose release would, or would be likely to, prejudice a public authority's ability to carry out its functions. The UKGC specified that disclosure could undermine its ability to:

• Ascertain if a person has failed to comply with the law.
• Determine if improper conduct has occurred.
• Assess whether regulatory action is justified.
• Judge an entity's fitness to hold a licence.

In its response, the Commission directed the requester to publicly available information, such as the LCCP (Licence Conditions and Codes of Practice) and the public register entry for Skill On Net Limited.

Significance for Consumers

This case reveals the inherent tension between the public's right to information and the regulator's need to maintain confidential processes. The UKGC argued that while transparency is important, releasing its assessment techniques and compliance discussions could have damaging consequences.

According to the Commission's public interest test, disclosure could:

• Allow non-compliant operators to alter their behaviour specifically to pass assessments, rather than genuinely upholding standards.
• Prejudice the outcome of future assessments by revealing regulatory methods.
• Undermine the public's trust in the robustness of the UKGC's confidential compliance processes.

Ultimately, the UKGC concluded that the public interest is better served by withholding the information to protect the integrity of its regulatory functions. For consumers, this means that while the UKGC's public register provides confirmation of an operator's licence, access to deeper compliance history or ongoing investigations is generally not available unless the Commission takes public enforcement action.