UKGC Delays Release of Its Own Spending Data
Regulator uses FOIA exemption to withhold financial transparency information, citing future publication plans.
A Freedom of Information request has revealed the UK Gambling Commission chose to withhold its own spending data for late 2022. The regulator cited a legal exemption, stating the information was scheduled for future publication, raising questions about the timeliness of its financial transparency.
Article Content
A Freedom of Information (FOI) request has revealed the UK Gambling Commission (UKGC) withheld its own spending data, citing a legal exemption that allows public bodies to delay releasing information intended for future publication.
The request, dated 6 February 2023, asked for the regulator's Spend/Transparency data for the period of October 2022 to December 2022, which was not available on its website at the time.
The Request and The Refusal
The applicant sought access to the UKGC's quarterly spending figures, a key dataset for public accountability. In its response, the Commission refused to provide the data, invoking Section 22(1) of the Freedom of Information Act 2000. This section provides an exemption for information that a public authority holds with a view to publishing at a later date.
The UKGC explained its policy is to publish this data bi-annually, in May and November. Therefore, the information for late 2022 was already scheduled for publication in May 2023.
Why This Matters for Consumers
Transparency data shows how public bodies, including the UKGC, spend their funds. For the gambling regulator, this funding is primarily derived from the licence fees paid by operators. This means, indirectly, the money comes from the gambling industry and its customers.
Scrutinising this spending allows the public and consumer protection groups to assess the Commission's priorities, efficiency, and use of resources in its mission to make gambling fairer and safer. Delays in releasing this data hinder timely analysis and oversight of the regulator's operations.
The Public Interest Test
Section 22 is a qualified exemption, meaning the UKGC was required to conduct a public interest test to justify withholding the information.
- Arguments for Disclosure: The Commission acknowledged a legitimate public interest in promoting transparency and accountability, and in providing requested information as quickly as possible.
- Arguments for Withholding: The UKGC argued that releasing the data early via an FOI request was not a "time/cost effective way" to inform the public. It stated that maintaining its established bi-annual publication schedule was a more efficient use of its resources.
Ultimately, the UKGC concluded that "the balance of the public interest lies in maintaining the exemption" and that there was "no outstanding public interest in releasing this information prior to its intended publication."
Significance of the Decision
While the UKGC's actions are legally permissible under the FOIA, the decision highlights a potential gap in real-time transparency. By adhering to a six-monthly publication schedule, there can be a lag of several months before the public can review the regulator's spending.
For consumers and industry observers, this means that analysis of the Commission's financial activities is always retrospective. This case demonstrates that even when directly asked, the regulator may prioritise its internal publication timetable over immediate requests for information from the public it serves.