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'Inference' may be all we are pragmatically left with in any given set of circumstances and recognition of this is important. But with sensitive data the subject must give 'express consent'. If this cannot be gained the problem remains and, if we're to claim that our processing is fair, we will be required (I imagine) to then couch our arguments around the exemptions in order to justify our actions. If we can find, that is, an exemption that fits:-)

Gerry Dane