Section 119 Inspection of personal data in accordance with international obligationsI1

(1)

The F1Commission 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 F2Commission must by written notice inform the controller and any processor that the Commission intends to do so.

(5)

Subsection (4) does not apply if the Commission 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.

Annotations

Textual amendments

F1: Word in s. 119(1) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
F2: Word in s. 119(4)(5) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)

Commencement

I1: S. 119 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(e)