130. (1) For the purposes of this Act, a relevant enactment or a relevant provision, an authorised officer may—

(a) subject to subsection (6), enter, at any reasonable time, any place—

(i) where any activity connected with the processing of personal data takes place,

(ii) where the authorised officer has reasonable grounds for believing any activity connected with the processing of personal data takes place, or

(iii) at which the authorised officer has reasonable grounds for believing documents, records, statements or other information relating to the processing of personal data is being kept,

(b) search and inspect the place and any documents, records, statements or other information found there,

(c) require any person at the place, being a controller or processor, or an employee or agent of either of them, to produce to him or her any documents or records relating to the processing of personal data which are in that person’s power or control and, in the case of information in a non-legible form, to reproduce it in a legible form, and to give to the authorised officer such information as he or she may reasonably require in relation to any entries in such documents or records,

(d) secure for later inspection—

(i) any documents or records so provided or found and any data equipment, including any computer, in which those records may be held, or

(ii) any such place, or part thereof, in which—

(I) documents, records, statements or data equipment are kept, or

(II) there are reasonable grounds for believing that such documents, records, statements or data equipment are kept,

for such period as the authorised officer may reasonably consider necessary for the purposes of the performance of his or her functions or the functions of the Commission under this Act, a relevant enactment or a relevant provision,

(e) inspect and take extracts from or make copies of any such documents or records (including, in the case of information in a non-legible form, a copy of or extract from such information in a permanent legible form),

(f) remove and retain such documents or records for such period as the authorised officer reasonably considers necessary for the purposes of the performance of his or her functions or the functions of the Commission under this Act, a relevant enactment or a relevant provision, or require any person referred to in paragraph (c) to retain and maintain such documents or records for such period of time, as the authorised officer reasonably considers necessary for those purposes,

(g) if a person who is required under paragraph (c) to provide a particular record is unable to provide it, require the person to state, to the best of that person’s knowledge and belief, where the record is located or from whom it may be obtained, and

(h) require any person referred to in paragraph (c) to give to the authorised officer any information relating to the processing of personal data that the officer may reasonably require for the purposes of the performance of his or her functions or the functions of the Commission under this Act, a relevant enactment or a relevant provision and to afford the officer all reasonable assistance in relation thereto.

(2) An authorised officer may, in the performance of his or her functions under this Act, a relevant enactment or a relevant provision—

(a) operate any data equipment, including any computer, or cause any such data equipment or computer to be operated by a person accompanying the authorised officer, and

(b) require any person who appears to the authorised officer to be in a position to facilitate access to the documents or records stored in any data equipment or computer or which can be accessed by the use of that data equipment or computer to give the authorised officer all reasonable assistance in relation to the operation of the data equipment or computer or access to the records stored in it, including by—

(i) providing the documents or records to the authorised officer in a form in which they can be taken and in which they are, or can be made, legible and comprehensible,

(ii) giving to the authorised officer any password necessary to make the documents or records concerned legible and comprehensible, or

(iii) otherwise enabling the authorised officer to examine the documents or records in a form in which they are legible and comprehensible.

(3) When performing a function under this Act, a relevant enactment or a relevant provision, an authorised officer may, subject to any warrant under section 131, be accompanied by such and so many other authorised officers or members of the Garda Síochána as he or she considers appropriate.

(4) An authorised officer may require a person to provide him or her with his or her name and address where the authorised officer has reasonable grounds for requiring such information for the purpose of applying for a warrant under section 131.

(5) Where an authorised officer in the performance of his or her functions or the functions of the Commission under this Act, a relevant enactment or a relevant provision is prevented from entering any place, he or she may make an application under section 131 for a warrant to authorise such entry.

(6) An authorised officer shall not enter a dwelling, other than—

(a) with the consent of the occupier, or

(b) in accordance with a warrant under section 131.

(7) A person shall be guilty of an offence if he or she—

(a) obstructs, impedes or assaults an authorised officer in the performance of his or her functions under this Act, a relevant enactment or a relevant provision,

(b) fails or refuses to comply with a requirement of an authorised officer under this section,

(c) alters, suppresses or destroys any documents, records, statements or other information which the person concerned has been required by an authorised officer to produce, or may reasonably expect to be so required to produce,

(d) in purported compliance with a requirement under this section, gives to an authorised officer information, documents or records which the person knows to be false or misleading in a material respect,

(e) falsely represents himself or herself to be an authorised officer, or

(f) procures or attempts to procure any action referred to in paragraphs (a) to (e).

(8) A person guilty of an offence under subsection (7) shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years or both.

(9) A statement or admission made by a person pursuant to a requirement under subsection (1) or (2) shall not be admissible in evidence in proceedings for an offence (other than an offence under paragraph (b) of subsection (7)) brought against the person.

(10) In this section and section 131, “place” includes—

(a) a dwelling or a part thereof,

(b) a building or a part thereof,

(c) any other premises or part thereof, and

(d) a vehicle, vessel, aircraft or any other means of transport.