Dear Gambling Commission,
I sent an email in 2010 or 2011 to the Powerball Corp and the 12 original MegaMillions states with game change suggestions. I would like a copy of that email.
MICHAEL DUANE GRAVES
Thank you for your request for information which we are processing as a request under the Freedom of Information Act 2000.
In your email you have requested ‘a copy of an email sent in 2010 or 2011 to the Powerball Corp and the 12 original MegaMillions states with game change suggestions’
Firstly, please note, the FOIA provides the public with a right of access to information that is held by a Public Authority, with the intention of putting that information into the public domain. Information that is disclosed to the public via this route is considered to be released to the world at large and therefore any information that is provided in response to a request, processed under the FOIA, can be released to anyone who asks for it. Responses to FOIA requests are routinely published and hence publicly available.
In addition, requests for information received under the FOIA have to be processed as ‘applicant blind’. This means that we do not take into account who has requested the information, or their reasons for asking for it when providing a response. This ensures that we are open, transparent and consistent with the information that we publish into the public domain.
If someone requests information using the FOIA that contains the personal information of an individual we would exempt this information using section 40(5) of the FOIA and neither confirm nor deny that we held that personal information.
It is the view of the Commission that confirming whether we do or do not hold records relating to Michael Duane Graves would in itself constitute the disclosure of personal data and would not be fair and lawful.
As such, there is no legitimate public interest in confirming or denying this information and it would not be fair to do so. This information is therefore exempt under section 40(5) of the FOIA.
The FOIA is not a suitable method for accessing the personal information relating to individuals. If a request is for your own personal data, this information is exempt from disclosure under the FOIA section 40(1): requestor's own personal data.
Where the request is exempt under section 40(1) it could be processed under the Data Protection Act 2018 (DPA) as a Subject Access Request (SAR) and not using FOIA legislation.
If a requestor wished us to process their request as a SAR under the DPA then they would need to let us know and provide us with proof of their identity. We would require a scan/photo of a driving licence or identity page of their passport, ideally to [Gambling Commission request email]. Alternatives may be acceptable, and we can be contacted to advise further.
Please note, the Gambling Commission does not generally hold correspondence communicated between operators and consumers.
We have attached our published policy which explains more about how we would fulfil your request. This can also be found on our website.
If you have any queries about this email, please contact us.
Information Management Team
Victoria Square House
Birmingham B2 4BP
This email and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please return it to the address it came from indicating that you are not the intended recipient and delete it from your system. Do not copy, distribute or take action based on this email. Freedom of Information requests can be submitted either by email ([email address]) or by writing to: FOI request Gambling Commission Victoria Square House Victoria Square Birmingham B2 4BP Please clearly state that your request is under the Freedom of Information Act.
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