40Even access to a limited quantity of traffic or location data or access to data in respect of a short period may be liable to provide precise information on the private life of a user of a means of electronic communication. Furthermore, the quantity of the data available and the specific information on the private life of the person concerned that results from the data are matters that can be assessed only after the data have been consulted. However, authorisation of access, granted by the court having jurisdiction or the competent independent authority, necessarily occurs before the data and the information resulting therefrom can be consulted. Thus, the assessment of the seriousness of the interference that the access constitutes is necessarily carried out on the basis of the risk generally pertaining to the category of data sought for the private lives of the persons concerned, without it indeed mattering whether or not the resulting information relating to the person’s private life is in actual fact sensitive.
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