Is there a general obligation for ISP’s to monitor information?
The Regulations do not address the imposition of a general obligation on service providers, when providing the services referred to in Regulations 17-19, to monitor the information that they transmit or store or to actively seek facts or circumstances indicating illegal activity. No such obligations exist in UK law, and their introduction would be incompatible with the requirements of the E-Commerce Directive. However, this does not affect the imposition of monitoring obligations in specific cases (e.g. in compliance with a warrant issued under Section 5(1)(a) of the Regulation of the Investigatory Powers Act 2000 to secure the interception of a communication in the course of its transmission by means of a telecommunication system). Existing statutory obligations continue to apply equally online as well as offline.