Opt-4 has carried out research through independent market research company KyteMark showing that many companies are not tracking the level of consumer opt-outs from receiving their marketing communications, while in extreme cases companies are collecting data without the necessary permissions for future marketing.
Apathy about compliance has been encouraged by the perception of weak enforcement from the Office of the Information Commissioner.
Rosemary Smith, co-director of Opt-4, pointed out that in the US, privacy rules are being vigorously enforced and punitive fines levied.
"The UK and Europe pride themselves on better protection of personal data but we have apathy here caused by a regulator with insufficient powers. Some companies seem to be 'consciously avoiding knowing' the rules which is, of course, no defence," Smith said.
The research showed that where opt-out rates were measured by marketers, 30% to 50% was not unusual.
David Smith, the deputy information commissioner, said: "It is quite right that we will target rogue operators rather than those who take their responsibilities seriously. This is in line with good regulatory practice and the risk-based approach we have adopted in the use of our powers.
"Having said this, there is no doubt we would welcome the sort of powers available to some other regulators, to undertake investigations into business compliance with the Data Protection Act.
"In the meantime, we can and do respond to complaints from members of the public. We are currently in the early stages of taking formal enforcement action against three marketing businesses over their email and telephone marketing activities."
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