Sky Betting & Gaming used AI-powered cookies and targeted marketing to profile and send direct marketing to a reformed problem gambler without obtaining valid consent under UK data protection law.
In January 2025, the High Court ruled in RTM v Bonne Terre Ltd & Hestview Ltd that Sky Betting & Gaming (SBG) violated UK data protection laws between 2017 and 2019. The case involved a reformed problem gambler who alleged that SBG collected his data without proper consent and used it for unlawful targeted marketing. The court found that SBG's use of cookies for marketing purposes and direct marketing to the problem gambler were not lawful processing under data protection laws. The judge emphasized that consent from problem gamblers must be 'free, unambiguous, informed, specific, or distinct from the uncontrolled craving to gamble.' Given the claimant's vulnerable state as a problem gambler, the court determined that his ability to provide genuine consent was impaired and that additional safeguards should have been implemented. The court made broader observations about the online gambling industry, noting inherent risks that consent obtained from problem gamblers may not meet legal standards due to their addiction. The ruling aligns with previous ICO guidance stating that direct marketing based on automated profiling targeting known problem gamblers could require explicit consent. A remedies hearing seeking financial losses and distress damages is scheduled for later in 2025.
Domain classification, causal taxonomy, severity scores, and national security assessments were LLM-classified and may contain errors.
AI systems that memorize and leak sensitive personal data or infer private information about individuals without their consent. Unexpected or unauthorized sharing of data and information can compromise user expectation of privacy, assist identity theft, or cause loss of confidential intellectual property.
AI system
Due to a decision or action made by an AI system
Intentional
Due to an expected outcome from pursuing a goal
Post-deployment
Occurring after the AI model has been trained and deployed
