PART 4 PROCEDURES (a) _ be satisfied that the public interest in the disclosure of the data substantially outweighs the right to privacy of a person whose privacy may be affected as a result of the disclosure; and (b) consider any matters relevant to giving the approval, including the following: @ the volume and nature of the data to be disclosed; or {il} the gravity of the conduct being investigated; or (iti) _ the likely usefulness of the data to the investigation; or (iv) the purpose for which access to the data is requested. (3) A service provider must comply with a request under subsection (1), as soon as practicable, after receiving the request. . (4) A service provider who fails to comply with subsection (3) commits an offence and is liable on conviction to a fine not exceeding VT2,000,000. 23 () Request for access to traffic data in real time The Commissioner may, in writing, request a service provider to provide access to records of traffic data in real time for up to 90 days, if the access is reasonably necessary for: (@ the enforcement of an offence punishable, on conviction, by imprisonment for a term not exceeding 2 years under this Act or any other Act; or (b) (2) for the enforcement ofa foreign serious offence made under the Mutual Assistance in Criminal Matters Act. Prior to making a request under subsection (1), the Commissioner must: (a) (b) be satisfied that the public interest m accessing the records substantially outweighs the right to privacy of a person whose privacy may be affected as a result of the access; and consider any matters relevant to giving the approval, including the following: . @ the volume and nature of the records to be disclosed; or (ii) _ the gravity of the conduct being investigated; or Cybercrime Act No. 22 of 202] 21