Application of LGPD in Notarial and Registry Services: Guide

Context note: This content describes Brazilian notarial and registry law.

Este artigo responde

• How does the application of LGPD in notarial and registry services work?
• How to reconcile registry publicity with LGPD data protection?
• What are the rights of data subjects regarding extrajudicial registry offices?
• What information security measures must notary offices adopt?
• How does the Electronic Public Register System (SERP) handle personal data?

Em resumo

• The application of LGPD in notarial and registry services harmonizes the legal duty to grant public faith to legal acts with protection against improper exposure of citizens' personal data.
• Data processing in the extrajudicial sector stems from legal obligation and fulfillment of public duty, dispensing with prior consent for typical acts, but requiring purpose, proportionality, and security.
• Secondary registration data that is not part of the public text of the certificate cannot be shared freely or used for commercial or marketing purposes.
• The National Council of Justice (Conselho Nacional de Justiça - CNJ) regulated internal compliance routines through mandatory operational guidelines for all extrajudicial registry offices in the country.

Como funciona a aplicação da LGPD nos serviços notariais e registrais?

The application of LGPD in notarial and registry services is guided by the public nature of the activity delegated to notary publics and registrars Lei nº 8.935/1994, art. 1º. The General Personal Data Protection Law (Lei Geral de Proteção de Dados Pessoais — Lei nº 13.709/2018) establishes that extrajudicial registry offices carry out the processing of personal data in their capacity as legal entities governed by public law regarding their public service duties.

In practice, the application of LGPD in notarial and registry services does not prevent the execution of public deeds, property registration, or birth registrations. These activities are based on the legal hypothesis of compliance with legal and regulatory obligations Lei nº 8.935/1994, art. 6º. A citizen seeking a notary office (tabelionato de notas) does not need to sign a consent form to have their public deed executed, as the act stems from an express determination of the law.

However, the application of LGPD in notarial and registry services requires that processing remain strictly limited to the public purpose of the notarial or registry act. The registry office collects only the personal data essential to qualify the parties, ensure legal certainty, and prevent fraud. Excess data, such as personal preferences or phone contacts kept in internal records, receive overt protection and are not part of the unrestricted publicity of the records.

You can find detailed guidelines on the governance structure in the article on the implementation of the LGPD in notary offices, which addresses data flow mapping in registry offices.

Como conciliar a publicidade registral com a proteção de dados da LGPD?

The major practical challenge regarding the application of LGPD in notarial and registry services lies in harmonizing the principle of publicity of public registers with the fundamental right to privacy. Registry and notarial services exist to provide publicity, authenticity, and effectiveness to legal acts Lei nº 8.935/1994, art. 1º.

Notarial and registry publicity is carried out through the issuance of certificates, official transcripts, and consultations of official books. The application of LGPD in notarial and registry services establishes that the issuance of certificates must observe the limits set by special laws governing the activity. Anyone can request a certificate of a real estate registration or a notarial act without needing to justify the reason, provided the act is public by its nature.

However, the application of LGPD in notarial and registry services prevents the delivery of bulk lists, consolidated reports of property owners by neighborhood, or structured databases for commercial prospecting purposes. Publicity is limited to the issuance of individual certificates for specific acts. Furthermore, certificates involving judicial secrecy, adoptive filiation, or name change procedures require prior judicial authorization or demonstration of a qualified legitimate interest.

To delve deeper into the rules of access to public documents and legal restrictions, consult the analysis on registry office certificates and LGPD, which describes the handling of judicial and administrative requisitions.

Quais são os direitos dos titulares de dados perante as serventias extrajudiciais?

The application of LGPD in notarial and registry services ensures citizens, as data subjects, the right to transparency, information, and rectification. You can request confirmation from the registry unit or notary office regarding the existence of data processing concerning your personal data within the office's administrative database.

It is essential to understand the limits of data subject rights in the extrajudicial context. The application of LGPD in notarial and registry services does not allow the user to request the deletion, anonymization, or blocking of data contained in notarial books or public registers. This is because the registrar and the notary public have a legal obligation of perpetual custody and preservation of notarial and registry records Lei nº 8.935/1994, art. 6º.

If the data subject identifies a material error in their name, marital status, or qualification listed in a public register or public deed, the application of LGPD in notarial and registry services guarantees the right to request the rectification of the data. The rectification will be processed through the administrative procedure of marginal annotation (averbação) provided for in specific legislation, ensuring the integrity and historical record of the public register.

Quais medidas de segurança da informação devem ser adotadas pelos cartórios?

The application of LGPD in notarial and registry services imposes strict technical obligations to ensure confidentiality, availability, and integrity of physical and digital records Provimento CNJ nº 149/2023, Livro II. The National Council of Justice (Conselho Nacional de Justiça — CNJ) and the Corregedoria-Geral de Justiça establish cybersecurity standards that must be followed by registry offices across the country.

Among the indispensable measures to enable the application of LGPD in notarial and registry services, the following stand out:

• Logical access control: limiting access to registration data and internal systems solely to properly authorized clerks and employees.
• Data encryption: protecting data stored on servers and transmitted over communication networks, preventing unauthorized access in the event of interception.
• Audit trails (logs): detailed and unalterable recording of all searches, queries, and modifications carried out in the data systems of the notary public office or real estate registry office.
• Incident response plan: structured protocol for immediate notification to the National Data Protection Authority (Autoridade Nacional de Proteção de Dados — ANPD) and the competent Corregedoria in the event of a data breach.
• Team training: periodic training of all employees and deputies on the safe handling of user information.

In addition to technology measures, extrajudicial units maintain strict controls over the disposal of scrap paper, unused drafts, and documents submitted by the public at the service counter, reducing the risks of in-person data leaks.

You can check details about internal routines and operational procedures in the article dealing with cartolary management and LGPD.

Como o Sistema Eletrônico dos Registros Públicos (SERP) trata os dados pessoais?

The modernization of the Brazilian extrajudicial system culminated in the creation of the Electronic Public Register System (Sistema Eletrônico dos Registros Públicos — SERP), instituted by Lei nº 14.382/2022 Lei nº 14.382/2022, art. 3º. The application of LGPD in notarial and registry services gains special relevance with SERP, as the system digitally integrates the holdings of registry offices nationwide.

The application of LGPD in notarial and registry services within SERP ensures that remote access to property register entries, asset freezing orders, or titles and documents registries takes place in a secure and traceable manner. The electronic platform adopts qualified authentication, requiring precise identification of whoever requests a digital search or certificate.

The Electronic Public Register System (SERP) preserves user privacy by prohibiting searches by name or CPF aimed at profiling assets without limitation by ordinary users without a legitimate interest established under the law. In this manner, the application of LGPD in notarial and registry services electronically balances simplified access to public services with protection against unjustified financial asset snooping.

Checklist operacional para adequação à LGPD

This list assists notary and registry units in the practical verification of items required for the effective application of LGPD in notarial and registry services:

• [ ] Appoint the Data Protection Officer (DPO) and disclose their contact details in the physical and digital environment of the registry unit.
• [ ] Map all collection, processing, sharing, and archiving flows of personal data within the registry unit.
• [ ] Update privacy notices posted at the service counter and on the unit's electronic portal.
• [ ] Establish an access control policy requiring individual passwords and two-factor authentication in internal systems.
• [ ] Implement a formal policy for the secure disposal of drafts, document copies, and physical scrap paper.
• [ ] Formalize contract addenda with software and IT service providers including strict data protection clauses.
• [ ] Structure a standardized procedure to respond to data subjects' requests within the regulatory timeframe.

Na prática

Caso 1: Solicitação de certidão de imóvel e alegação de violação da LGPD

A citizen went to the Real Estate Registry Office (Registro de Imóveis) and requested a full certificate (certidão de inteiro teor) of a property register entry belonging to their neighbor. Upon learning of the request, the property owner demanded that the registrar refuse the certificate, claiming that releasing it would constitute an LGPD breach by exposing their contractual data.

Solução: The real estate registrar provided a reasoned explanation of the application of LGPD in notarial and registry services. Under the Public Registers Law (Lei de Registros Públicos — Lei nº 6.015/1973) Lei nº 8.935/1994, art. 1º, property register entries are public in nature, allowing anyone to request a certificate without justification. However, data extraneous to the register entry (such as reception registration phone numbers) were protected, issuing the certificate as mandated by law.

Caso 2: Pedido de exclusão de nome em escritura pública de compra e venda

Three years after having their name included in a public purchase and sale deed executed at a notary public office, one of the parties notified the notary requesting the permanent deletion of their data from the notarial book, invoking the "right to be forgotten" under the LGPD.

Solução: The notary public issued a reasoned denial of the request. By virtue of the application of LGPD in notarial and registry services, data processing in notarial books is governed by the duty of perpetual preservation of public deeds Lei nº 8.935/1994, art. 6º. The data subject has the right to correct inaccurate data, but not to erase a sound legal act executed under public faith.

O que costuma dar errado

• Requiring signed consent to execute a notarial act: Notarial or registry acts are based on a legal obligation Lei nº 8.935/1994, art. 6º. Collecting consent creates the false impression that the person can revoke it at any time.
• Providing complete databases to marketing companies: The publicity of registry offices is fulfilled through individual certificates. Providing consolidated lists violates the application of LGPD in notarial and registry services.
• Confusing the right to rectification with the right to erasure: Notarial books and public registers are unalterable in their substance and do not permit the deletion of entries at the subject's discretion.
• Failing to log access to document images: Internal queries of digitized archives must leave auditable tracks for accountability in the event of a leak.
• Sharing access credentials to registry office systems: Using generic passwords prevents identifying who accessed or modified user data.

Base legal

• Lei nº 8.935/1994, art. 1º — Defines that notarial and registry services are intended to guarantee the publicity, authenticity, security, and effectiveness of legal acts Lei nº 8.935/1994, art. 1º. Official link: Lei nº 8.935/1994.
• Lei nº 8.935/1994, art. 6º — Establishes the duties of notary publics in exercising their public functions of public faith Lei nº 8.935/1994, art. 6º. Official link: Lei nº 8.935/1994.
• Lei nº 14.382/2022, art. 3º — Establishes the Electronic Public Register System (Sistema Eletrônico dos Registros Públicos — SERP) for red-tape reduction and electronic consultation of registry services Lei nº 14.382/2022, art. 3º. Official link: Lei nº 14.382/2022.
• Provimento CNJ nº 149/2023, Livro II — Consolidates general rules applicable to notarial and registry services regarding security and governance Provimento CNJ nº 149/2023, Livro II. Official link: Provimento CNJ nº 149/2023.
• Provimento CNJ nº 149/2023, Livro I — Regulates fundamental principles and the organization of the extrajudicial forum Provimento CNJ nº 149/2023, Livro I. Official link: Provimento CNJ nº 149/2023.
• Nota normativa: Lei nº 13.709/2018 (LGPD), art. 23 — The provision regulates data processing by public legal entities and delegates of public services for the fulfillment of legal duties. Full normative text available at Lei nº 13.709/2018.

Perguntas frequentes

Como funciona a aplicação da LGPD nos serviços notariais e registrais?

The application of LGPD in notarial and registry services occurs through the processing of personal data to comply with legal obligations and duties of public faith. Extrajudicial offices collect and store data strictly necessary to ensure the legal certainty of acts.

Como conciliar a publicidade registral com a proteção de dados da LGPD?

Reconciling public publicity with the LGPD is achieved by restricting indiscriminate access to sensitive data that is not part of the essence of the registry or notarial act, issuing certificates according to the limits of special law and regulations from the National Council of Justice (CNJ).

Quais são os direitos dos titulares de dados perante as serventias extrajudiciais?

Data subjects can request confirmation of processing, access, and correction of inaccurate data. However, they cannot demand the deletion or anonymization of data forming part of notarial books and public registers, as there is a legal duty of perpetual preservation.

Quais medidas de segurança da informação devem ser adotadas pelos cartórios?

Extrajudicial registry offices must implement access controls by privilege level, encryption of data in transit and at rest, an incident response plan, and auditable records of searches performed on digital holdings.

Como o Sistema Eletrônico dos Registros Públicos (SERP) trata os dados pessoais?

The Electronic Public Register System (SERP) centralizes the consultation of registry acts electronically, applying the LGPD through restrictions on excessive data, mandatory applicant identification, and full traceability of access to data repositories.

Rodapé editorial

• Writing and Review: Editorial Team of the 5th Notary Public Office of Recife (5º Tabelionato de Notas do Recife)
• Date of last legal review: March 30, 2026
• Scope of application: Federal Rule (General Personal Data Protection Law and Provisions of the National Council of Justice)
• Version: 2.1 — PEAN Compliance

Notice: This content is exclusively informative and instructional regarding the routine of notarial and registry services. It does not replace specific legal advice provided in concrete cases by notary publics, registrars, or legal professionals.

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• Registry Management: LGPD, Books, Exemptions & CNJ
• LGPD Implementation in Notary Offices: Rules and Data Protection

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