New data from TheSMSWorks shows that the ICO has only received a quarter (26%) of the value of the fines issued from January 2020 to September 2021.

This figure is down from 32% during the previous period, January 2019 to August 2020.

Out of the 47 individual ICO fines in the current period, only 19 had been successfully collected in full. This means out of the £7 million owed, only a total value of £1.8 million has been paid thus far.

This figure does not account for the large GDPR penalties given to British Airways (£20m) and Marriott International (£18.4m), as both companies have agreed to pay in annual instalments.

The home improvements sector received £1.6m in ICO fines since January 2020 for nuisance calls to homeowners – only £280,000 of this has been collected to date. 

In contrast to this, any ICO fines given to charities have been paid in full. 

Legislation that effectively makes company directors responsible for the payment of ICO fines means that many are declaring bankruptcy to avoid the fine.

According to TheSMSWorks, several directors simply refuse to comply with payment or challenge the fine with an appeal.

The process for appeals is slow, and results in fines carrying over many years without being paid. The company MyIML Ltd. is reported not to have yet paid its £80,000 fine issued in 2015.

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In an interview with InfoSecurity Henry Cazalet, the director of TheSMSWorks commented that this issue is not often public knowledge. Cazalet notes: “People reasonably assume that if an organisation has been fined then it will be paid, and the taxpayer will benefit.

“It makes a great headline to state that you’re fining a rogue organisation for a huge sum, but if you can’t collect it, then it’s ultimately just posturing.”

The report also found that SMS spam is the most likely cause of fines that remain unpaid, with 82.4% of penalties for this breach yet to be paid. 

Nuisance calls remain the most fined offence overall, making up 72% of total ICO fines since 2015.

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