Warrants

85.(1) Where a Judge of the High Court is satisfied by information on oath supplied by the Commissioner that there are reasonable grounds for suspecting that

(a) a data controller or a data processor has contravened or is contravening Parts II, III or IV; or

(b) an offence under this Act has been or is being committed, and that evidence of the contravention or of the commission of the offence is to be found on any premises specified by the Commissioner,

the Judge may issue a warrant.

(2) A warrant issued, under subsection (1), shall authorise a police officer accompanied by the Commissioner, staff or such other person skilled in information technology as the police officer may deem necessary for the purpose, within 7 days of the date of the warrant, to

(a) enter the premises;

(b) search the premises;

(c) inspect, examine, operate and test any equipment found on the premises which is used or intended to be used for the processing of personal data;

(d) inspect and seize any documents or other material found on the premises;

(e) require any person on the premises to provide

(i) an explanation of any document or other material found on the premises;

(ii) such other information as may reasonably be required for the purpose of determining whether the data controller has contravened or is contravening Parts II, III or IV.

(3) A Judge shall not issue a warrant in respect of any personal data processed for the purposes of journalism or for artistic or literary purposes unless a determination by the Commissioner under section 81 with respect to those data has taken effect.