UKGC Withholds Its Own Spending Data

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UKGC Denies Access to Its Spending Data

The UK Gambling Commission (UKGC) withheld its own spending and transparency data following a Freedom of Information (FOI) request, citing an exemption for information that is scheduled for future publication.

The request, dated 7 November 2022, asked for the Commission's spending data for the period of July to September 2022, which was not available on its website at the time. The UKGC refused to provide the file, instead classifying the information as exempt under the Freedom of Information Act 2000.

Context: Why This Data Matters

As the regulatory body for gambling in Great Britain, the UKGC is a public authority funded by licence fees paid by gambling operators. Its spending data is part of a government-wide transparency initiative, allowing the public and industry stakeholders to scrutinise how the regulator allocates its financial resources.

This data provides insight into the Commission's operational priorities, expenditure on legal services, staffing, and other administrative costs. For consumers, transparency in the regulator's own operations is crucial for building trust and ensuring accountability.

Details of the Refusal

In its official response, the UKGC invoked Section 22(1) of the FOIA, which permits public authorities to withhold information if it is held with a view to publication at a future date.

The Commission stated that its spending data is published bi-annually in May and November. As the request was made on 7 November 2022, the data was due to be published later that month.

The UKGC argued that providing the information early in response to an FOI request was not a "time/cost effective way of placing this information in the public domain." After conducting a public interest test, the regulator concluded that the public interest in maintaining its established publication schedule outweighed the public interest in immediate disclosure.

Key points from the UKGC's justification:

• Exemption Applied: Section 22(1) FOIA – Information intended for future publication.
• Reasoning: Adhering to a biannual publication schedule is more cost-effective than responding to individual FOI requests for the same data.
• Public Interest: The Commission determined there was no "outstanding public interest in releasing this information prior to its intended publication."

Significance: Implications for Transparency

While the use of the Section 22 exemption is a legally permitted course of action, the decision to withhold data that was due for publication within the same month raises questions about the regulator's approach to transparency. The UKGC frequently requires a high degree of transparency from the operators it licences.

By choosing to delay the release of its own financial data, even for a short period, the Commission's actions highlight a strict adherence to internal process over immediate public access. For consumers and industry observers, this decision means a delay in the ability to analyse how the body responsible for ensuring a fair and safe gambling market is managing its own funds.