ICO prosecution after company ignores an Enforcement Notice

 

The Information Commissioners Office (ICO) has prosecuted a company in a criminal court for its continuing breach of the data protection laws.

The company, Direct Choice Home Improvements Limited was given a £50,000 civil monetary penalty by the ICO in March 2016. At the same time it was also issued with a formal Enforcement Notice, requiring it to cease contacting people registered with the Telephone Preference Service.

Even though the company had paid off £40,500 of its civil fine, it appears that the fine and the Enforcement Notice did not deter the company, as the ICO continued to receive complaints and reports about unsolicited marketing calls from the firm. As a result, Direct Choice has now been prosecuted under the ICO’s criminal enforcement powers for breaching the notice.

The case was heard at Swansea Magistrates’ Court and an offence section 47 under the Data Protection Act 1998 was proved in absence of anyone from the company. Direct Choice, was fined £400 and was also ordered to pay £364.08 and a victim surcharge of £40.

The ICO stated in its report that it has been made aware that the company has applied to go into liquidation and will be working with the Insolvency Service on recovering the outstanding balance.