Poll: Should bookies be concerned by spyware investigation?

Last week it was revealed the UK Information Commissioner’s Office (ICO) is investigating whether bookmakers’ use of spyware is breaking data protection laws.

Following customer complaints, the ICO recently found both Totesport.com and Sky Bet had been using the iovation-powered software called ‘iesnare’, in order to monitor customer devices.

Bookies say iesnare helps protect them from fraud by taking a fingerprint of customer devices, whereas punters believe the software monitors browsing history and other data to enable operators to detect successful bettors.

According to one lawyer, operators’ use of iesnare would be legitimate so long as it is being used for fraud protection purposes only, however, said there is a risk operators could use it to assess customer risk.

“While I have no reason to believe iesnare is used by operators for such means, the worst case scenario is that it can be used to spot good gamblers and bad gamblers,” the lawyer said.

“This would enable them to close the accounts of those that bring commercial risk and increase the marketing around customers that consistently lose – that would be both unethical and unlawful.”

However, another lawyer, Anna Soilleux-Mills of Olswang, said the iesnare debate had been blown out of proportion and didn’t think it would be causing operators any sleepless nights.

“Provided that operators give clear and comprehensive information about their use of cookies and obtain consent to set the cookie, there is nothing remotely illegal about such use.

“This [media focus] is making a complete mountain out of a molehill,” she added. “I would be very surprised if any of the gambling operators are overly concerned.”

With this in mind, this week’s poll asks whether you believe the ICO investigation spells trouble for bookies, or if the watchdog’s efforts will come to nothing. Have your say below: