58Since the referring court has raised, furthermore, the issue whether the lack of a review by an independent authority may be made up for by a subsequent review carried out by a court as to whether a national authority’s access to traffic and location data was lawful, it must be pointed out that, as required by the case-law recalled in paragraph 51 of the present judgment, the independent review must take place before any access, except in the event of duly justified urgency, in which case the review must take place within a short time. As the Advocate General has stated in point 128 of his Opinion, such subsequent review would not enable the objective of a prior review, consisting in preventing the authorisation of access to the data in question that exceeds what is strictly necessary, to be met.
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