Problem Gambler Wins Data Violations Case Against Sky Bet
A problem gambler who lost over £45,000 with Sky Betting & Gaming (SBG) has won a ruling against the company for violating UK data protection laws.
LISTEN TO THIS ARTICLE:Last Thursday, Justice Collins Rice of the UK High Court determined that Bonne Terre Ltd, trading as Sky Betting & Gaming (SBG), had no lawful basis to collect the claimant’s personal data through cookies. The company was also ruled to have erred in creating a player profile for the sole purpose of serving personalized online marketing.
During the court proceedings, it was revealed that the claimant had lost over £45,000 over a decade while betting with SBG. The court was also presented with details in which the claimant's personal data was collected and used.
Furthermore, the claimant contended that SBG failed in its duty to identify him as a vulnerable gambler and shouldn’t have shared his data with third parties.
The claimant discovered how their data was collected and used by filing data subject access requests (DSARs) with several gambling operators and third-party companies.
While Justice Rice characterized the profiling practices employed by the company between 2017 and 2019 as "parasitic", he clarified that the ruling only applies to the specific circumstances of the case, noting that industry policies and practices have evolved since then.
Although the court has determined that the Flutter Entertainment subsidiary is legally responsible for the claimant's data breach, the judge has yet to decide on compensation.
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AWO, the data rights agency that represented the claimant in court, hailed the ruling as a pivotal milestone in defining how gambling companies engage with their customers.
However, SBG has issued a statement expressing its disappointment with the court’s verdict and its intention to consider an appeal.
SBG has faced similar legal challenges in the past. In 2022, the company was fined £1.17 million for sending marketing emails to self-excluded customers and those who had opted out of receiving promotional materials.
Last year, it received a reprimand from the Information Commissioner’s Office (ICO) for unlawful processing of user data.
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