42 (1) An institution shall not disclose personal information in its custody or under its control except, (a) in accordance with Part II; (b) where the person to whom the information relates has identified that information in particular and consented to its disclosure; (c) for the purpose for which it was obtained or compiled or for a consistent purpose; (d) where disclosure is made to an officer, employee, consultant or agent of the institution who needs the record in the performance of their duties and where disclosure is necessary and proper in the discharge of the institution’s functions; (e) where permitted or required by law or by a treaty, agreement or arrangement made under an Act or an Act of Canada; (f) where disclosure is by a law enforcement institution, (i) to a law enforcement agency in a foreign country under an arrangement, a written agreement or treaty or legislative authority, or (ii) to another law enforcement agency in Canada; (g) to an institution or a law enforcement agency in Canada if, (i) the disclosure is to aid in an investigation undertaken by the institution or the agency with a view to a law enforcement proceeding, or (ii) there is a reasonable basis to believe that an offence may have been committed and the disclosure is to enable the institution or the agency to determine whether to conduct such an investigation; (h) in compelling circumstances affecting the health or safety of an individual if upon disclosure notification thereof is mailed to the last known address of the individual to whom the information relates; (i) in compassionate circumstances, to facilitate contact with the spouse, a close relative or a friend of an individual who is injured, ill or deceased; (j) to a member of the Legislative Assembly who has been authorized by a constituent to whom the information relates to make an inquiry on the constituent’s behalf or, where the constituent is incapacitated, has been authorized by the spouse, a close relative or the legal representative of the constituent; (k) to a member of the bargaining agent who has been authorized by an employee to whom the information relates to make an inquiry on the employee’s behalf or, where the employee is incapacitated, has been authorized by the spouse, a close relative or the legal representative of the employee; (l) to the responsible minister; (m) to the Information and Privacy Commissioner; (n) to the Government of Canada in order to facilitate the auditing of shared cost programs; or (o) subject to subsection (2), an educational institution may disclose personal information in its alumni records, and a hospital may disclose personal information in its records, for the purpose of its own fundraising activities or the fundraising activities of an associated foundation if, (i)   the educational institution and the person to whom the information is disclosed, or the hospital and the person to whom the information is disclosed, have entered into a written agreement that satisfies the requirements of subsection (3), and (ii) the personal information is reasonably necessary for the fundraising activities.  R.S.O. 1990, c. F.31, s. 42; 2005, c. 28, Sched. F, s. 6 (1); 2006, c. 19, Sched. N, s. 1 (5-7); 2006, c. 34, Sched. C, s. 5; 2010, c. 25, s. 24 (12); 2019, c. 7, Sched. 31, s. 4. Notice on disclosing personal information for fundraising (2) In order for an educational institution to disclose personal information in its alumni records or for a hospital to disclose personal information in its records, either for the purpose of its own fundraising activities or the fundraising activities of an associated foundation, the educational institution or hospital shall ensure that, (a) notice is given to the individual to whom the personal information relates when the individual is first contacted for the purpose of soliciting funds for fundraising of his or her right to request that the information cease to be disclosed for fundraising purposes; (b) periodically and in the course of soliciting funds for fundraising, notice is given to the individual to whom the personal information relates of his or her right to request that the information cease to be disclosed for fundraising purposes; and (c) periodically and in a manner that is likely to come to the attention of individuals who may be solicited for fundraising, notice is published in respect of the individual’s right to request that the individual’s personal information cease to be disclosed for fundraising purposes.  2005, c. 28, Sched. F, s. 6 (2); 2010, c. 25, s. 24 (13). Fundraising agreement (3) An agreement between an educational institution and another person for the disclosure of personal information in the educational institution’s alumni records for fundraising activities, or an agreement between a hospital and another person for the disclosure of personal information in the hospital’s records for fundraising activities, must, (a) require that the notice requirements in subsection (2) are met; (b) require that the personal information disclosed under clause (1) (o) be disclosed to the individual to whom the information relates upon his or her request; and (c) require that the person to whom the information is disclosed shall cease to use the personal information of any individual who requests that the information not be used.  2005, c. 28, Sched. F, s. 6 (2); 2010, c. 25, s. 24 (14). Section Amendments with date in force (d/m/y) 2005, c. 28, Sched. F, s. 6 (1, 2) - 10/06/2006 2006, c. 19, Sched. N, s. 1 (5-7) - 22/06/2006; 2006, c. 34, Sched. C, s. 5 (1, 2) - 1/04/2007 2010, c. 25, s. 24 (12-14) - 1/01/2012 2019, c. 7, Sched. 31, s. 4 (1-3) - 04/11/2019