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.