Privacy code protects Internet users.

A new privacy code that protects Interact users from unjustifiable surveillance by law enforcement agencies was ratified at LINX 32 (London Internet Exchange) The code of best common current practice (BCP) was formulated over the past year by a LINX initiated Interact User Privacy Forum consisting of representatives of the Interact industry and a wide range of anti-censorship and civil liberties organisations. LINX chairman Grahame Davies said: "This new privacy code reinforces important freedoms for Internet users. It also clarifies procedures to be followed by ISPs when they come under pressure to divulge information to law enforcement agencies such as the police, Customs & Excise and trading standards departments.

"Personal privacy rights are already protected under existing legislation but the speed of development in Interact communications means that new situations are continually arising that have not been anticipated by law-makers. ISPs now have clear guidelines on how to react to new developments without waiting for issues to be decided by the courts."

The code will quell concerns among civil liberties organisations over the potential for misuse of investigatory powers and it will help ensure that correct procedures are followed when law enforcement agencies request searches by ISPs to identify specific Internet users.

Among the code's recommendations is that invoices should be issued for the cost of searches because, whether or not payment was actually demanded--it would establish an audit trail that would identify the law officers who were conducting the investigation.

Malcolm Hutty, director of the Campaign Against Censorship of the Internet in Britain, said: "Creating an audit trail will help protect Interact users from frivolous or unjustified searches. I welcome this LINX initiative and urge all LINX members to review their practices and systems of business so as to enhance user privacy in line with these recommendations."

The code was also welcomed by Nicholas Bohm, a member of the law Society's Electronic Commerce Working Party who is also a trustee and a member of the advisory council of the Foundation for Information Policy Research and an e-commerce policy adviser to Cyber-Rights and Cyber-liberties (UK).

He said: "The code is particularly important for its recognition of the confidential nature of the relationship between ISPs and users of the Internet, and of the resulting duties of ISPs to, respect the privacy of Internet users. "The Interact User Privacy Forum has successfully produced a coherent response to concerns voiced by civil liberties groups that ISPs have been engaged in discussions with law enforcement agencies on how to control abuse of the Interact."

Grahame Davies added: "By working in partnership with civil liberties organisations on the development of this code of best common current practice, the Internet industry has demonstrated how seriously it views the personal privacy of its customers.

"The right to privacy is enshrined in particular by Article 8 of the Human Rights Act 1998. This BOP code extends the legal provisions by advising ISPs to inform Internet users about encryption software and educating their staff about how to handle unauthorised requests for information."

A copy of the BCP privacy code can be viewed at www.iupf.org.uk.