Section 119 — Data Protection Act 2018: Inspection of personal data in accordance with international obligations

Inspection of personal data in accordance with international obligations 119 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.