Contributed By Nysingh Advocaten-Notarissen N.V
In practice, an inspection focuses on digital data. Once the data has been secured, the enforcement official hands an overview of the data in the secure data set to the individual involved, including the relevant hash values. The purpose of calculating a hash value is safeguarding a file’s integrity. Any change to a file will result in a different hash value.
No later than the moment of making them available for perusal, the enforcement official hands to the individual involved an overview of the data that is included in the within-scope data set, and of the manner in which the within-scope data set was realised. According to the 2014 ACM Procedure for the inspection of digital data policy rules, the search queries that have been used are provided immediately to the individual involved after a data search has been conducted, and the individual involved also receives the reasons for using the search queries at the moment of granting the inspection.
An enforcement official may see reasons to demand inspection of the data under Section 5:17 of the General Administrative Law Act without having inspected it at the time the data was demanded and secured.
If the enforcement official inspects the demanded and secured data in order to assess whether it is within scope, and the individual involved indicates that some of the data concerns privileged correspondence, then the enforcement official will give the individual involved the opportunity to be present at the offices of the ACM when such data is inspected.