ISP Association comments on TalkTalk warning

Following TalkTalk's rebuke from the ICO, the ISPA encourages members to provide safety assurances for their users

The ICO ensures that ISPs do not illegally monitor their customer's traffic

The Information Commissioner's Office (ICO) has given TalkTalk a warning after the organisation was found to be tracking its customer's internet usage in a trial of its malware software.

Information commissioner Christopher Graham sent the ISP a letter to warn the organisation that its activities had not gone unnoticed.

The letter has been released under the Freedom of Information Act by whatdotheyknow.com.

"I am concerned that the trial was undertaken without first informing those affected that it was taking place," Graham said.

The Internet Services Providers' Association (ISPA) is the UK's trade association for providers of internet services. Computing spoke to a spokesperson from the organisation today.

Computing: Aren't ISPs supposed to be monitoring users under the Digital Economy Act?

ISPA: Regarding the monitoring it will be the rightsholders who will do that and then notify the ISP. Ofcom is still consulting on the initial obligations code, which is due to come out in January 2011. The code will define what ISPs responsibilities are in relation to the Digital Economy Act. ISPA responded to Ofcom’s consultation in July.

Doesn't it make sense for ISPs to offer anti-malware services since they process the traffic first?

Many members do offer users services to protect themselves and recognise the importance of ensuring that users can access the internet and be assured that they are protected. ISPA encourages members to provide users with the appropriate information to protect their online safety.

Are other ISPs doing the same, if so how are they complying with the Regulation of Investigatory Powers Act (RIPA) and other acts?

ISPs are required to retain subscriber information but in line with data protection regulations. ISPs will not share subscriber details with any third party unless specifically instructed to do so by a court order.

However, it seems that the ICO is not finished with TalkTalk yet. A spokesperson for the ICO said: "The ICO is currently looking into the process by which TalkTalk collects data about web sites visited on its network. We have requested further details about how data is used and will continue to monitor this service to ensure that it complies with the Data Protection Act."