Registry Certificates and Judicial Requests Under LGPD

Note: This content describes Brazilian notary and registry law.

This article answers

• Can the registry office send a certificate requested by a court clerk via a messaging app?
• Can third parties request a full copy of a marriage licensing proceeding?
• How does the LGPD impact the publicity of notary acts and the issuance of certificates?
• What are the procedures for responding to judicial requests for information by registry offices?
• Which personal data can be omitted or kept confidential when issuing registry certificates?

In summary

• Issuing registry certificates and responding to judicial requests under the LGPD involves a balanced application of the principle of public records publicity alongside personal data protection rules and information security.
• Judicial requests must strictly go through official, secure channels; using informal messaging applications without identity certification and approved encryption is prohibited.
• Registry publicity remains legally valid, but extracting full-text certificates and copies of underlying documents requires verification of legitimate interest or authorization when sensitive data is involved.
• Non-compliance with data transfer protocols subjects the extrajudicial office and requesting authorities to administrative and disciplinary penalties imposed by internal affairs organs (corregedorias).

FAQ

Can the registry office send a certificate requested by a court clerk via a messaging app?

No. Sending certificates or official information via informal messaging apps violates security and data integrity protocols set by the LGPD and Provimento CNJ nº 149/2023. Judicial requisitions and certificate delivery must proceed through official electronic channels, such as Digital Mailbox, encrypted institutional email, or Judiciary-approved platforms.

Can third parties request a full copy of a marriage licensing proceeding?

Not indiscriminately. Although civil registry acts are public for summary certificates, personal documents and sensitive data within marriage licensing files require proof of legitimate interest or authorization from the couple when requested in full text, respecting privacy rules and CNJ standards.

How does the LGPD impact the publicity of notary acts and the issuance of certificates?

The LGPD does not repeal publicity mandated by Lei nº 6.015/1973 and Lei nº 8.935/1994, but introduces principles of purpose, necessity, and security. Notary and registry publicity must observe legal limits to prevent abusive processing or unauthorized sharing of personal data not strictly necessary for the act's purpose.

Base legal

• provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
• provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
• lei_federal 8.935 1994 — Lei nº 8.935/1994
• lei_federal 14.382 2022 — Lei nº 14.382/2022
• lei_federal 8.935 1994 — Lei nº 8.935/1994

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