Predatory Profiling: How do gambling companies use your data?

Gambling companies invest heavily in data-driven marketing tactics to keep players engaged, often using personal data to profile individuals and tailor their advertising. Yet a recent case against Sky Betting & Gaming has resulted in a landmark ruling with potentially far-reaching consequences for the gambling industry.

As reported by The Guardian, the case was brought by a man who spent a decade struggling with gambling addiction. Over many years he was aggressively targeted by offers and promotions designed to lure him back, even after multiple attempts to self-exclude. The details of how his data was used – obtained via a Subject Access Request (SAR) – have led the High Court to deem the profiling and targeting of vulnerable individuals unlawful.

The case has laid bare how betting companies gather personal data and use it to create personalised and targeted marketing that makes it incredibly difficult for those with gambling issues to protect themselves. The judge, Mrs Justice Collins Rice, stated that although the individual had not explicitly opted out from these aggressive marketing materials, his compulsive gambling meant he was in no condition to give informed consent for his data to be used for profiling and targeted marketing.

If you’ve ever received targeted gambling ads or promotions, and felt that they have exacerbated financial or mental health issues, you might wonder how these companies are using your data. A Subject Access Request (SAR) can help you uncover this.

While Sky Betting & Gaming has rejected the court’s finding and will likely contest the decision, it could have significant repercussions for the gambling industry. It also shows how important it is for people to inform themselves about how their data is being collected and used. Making a SAR now could help you get this info now – before gambling companies start trying to cover their tracks.

What Is a Subject Access Request?

A Subject Access Request (SAR) is a legal right under the UK GDPR (General Data Protection Regulation) and the Data Protection Act 2018. It allows individuals to request a copy of the personal data a company holds on them. This includes data used for marketing, profiling, and tracking your gambling habits.

We have a free Resolver Guide to Making a Subject Access Request. But there are a few additional tips in cases where the information is for a gambling company.

How to make a SAR to a gambling company

Identify the company – Determine which gambling companies you’ve interacted with, whether through accounts, emails, or betting apps.
Draft your request – Our free guide has an example SAR template. Among other details, your SAR must include:
- Your full name and any associated account details
- A specific request for all personal data held on you, including marketing profiles, spending analysis, and targeted advertising records
- A request for information on how your data is processed and shared
Submit your request – Email or send your SAR to the company’s Data Protection Officer (DPO). Most companies have a designated contact listed in their privacy policy.
Wait for a response – Companies are legally required to respond within one month. If the request is complex, they may extend this by up to two months but they must inform you of the delay.

What to look for in the data

Once you have received your data, you should go through the documents and pay close attention to:

Betting Behavior Analysis – Are they tracking how much you spend and when?
Risk Profiling – Are they flagging you as a high-value customer based on your losses?
Marketing Segmentation – Are they targeting you with promotions based on your gambling habits?
Third-Party Sharing – Have they shared your data with affiliates or other companies?

What to do if you find exploitative tactics

For now, betting companies are operating in a grey area when it comes to the regulations around profiling and marketing. However, If you discover unethical or predatory marketing practices, you should:

Complain to the Company – Request that they stop processing your data for marketing.
Report to the ICO – The Information Commissioner’s Office (ICO) in the UK can investigate breaches of data protection laws.
Self-Exclude – Consider using GAMSTOP or other self-exclusion tools to limit your exposure to gambling ads.

Transparency, accountability and protection

A Subject Access Request is a powerful tool that can be used to inform yourself about how you may be being manipulated and to hold gambling companies accountable.

Beyond protecting yourself from exploitative marketing tactics, by understanding how these companies profile and target you, you can make more informed decisions about your data and your gambling habits.

If you have any thoughts on this topic, or any other consumer issues you would like us to cover, feel free to get in touch with us at support@resolver.co.uk.