PART 5The Information Commissioner
International role
119Inspection of personal data in accordance with international obligations
1
The Commissioner may inspect personal data where the inspection is necessary in order to discharge an international obligation of the United Kingdom, subject to the restriction in subsection (2).
2
The power under subsection (1) is exercisable only if the personal data—
a
is processed wholly or partly by automated means, or
b
is processed otherwise than by automated means and forms part of a filing system or is intended to form part of a filing system.
3
The power under subsection (1) includes power to inspect, operate and test equipment which is used for the processing of personal data.
4
Before exercising the power under subsection (1), the Commissioner must by written notice inform the controller and any processor that the Commissioner intends to do so.
5
Subsection (4) does not apply if the Commissioner considers that the case is urgent.
6
It is an offence—
a
intentionally to obstruct a person exercising the power under subsection (1), or
b
to fail without reasonable excuse to give a person exercising that power any assistance the person may reasonably require.
7
Paragraphs (c) and (d) of section 3(14) do not apply to references in this section to personal data, the processing of personal data, a controller or a processor.