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.