At least one small internet service provider was told that if the Home Office had not already contacted him, he did not have to comply with the directive. As a result he would not be able to claim compensation.
A spokesman for the UK's Internet Service Providers' Assocation (ISPA), said the directive is being implemented in a two-tier way. The reason was that the Home Office was anxious to avoid duplicate collection of data and hence costs, he said.
"I think they reckon if they get the biggest ISPs to collect the data they will get most of the information they want," he said. ISPA represents about 200 ISPs, about half of whom are small companies and resellers.