The confidentiality of information entrusted to a notary is an important component of the legal protection of their rights and interests. The law clearly defines what information belongs to notarial secrecy, who is obliged to ensure its non-disclosure and under what circumstances access to such information can still be provided to third parties. Read below the key aspects of the legal regulation of notarial secrecy.
Information related to notarial secrecy
The information that a notary receives during the performance of a notarial act or a person's application, including personal data, their property, personal property and non-property rights and obligations, is considered a notarial secret. It is one of the key guarantees for the protection of citizens' rights when applying to a notary.
Such information includes: personal data, information about property, content of transactions, personal property and non-property rights and obligations, etc.
The obligation to maintain confidentiality rests not only with the notary and assistant, but also with all persons who have become aware of such information in connection with the performance of official functions or professional activities, as well as on persons involved in performing notarial actions as witnesses.
That is why the notary's refusal to provide information about the transaction concluded even by the applicant's husband or wife is completely legal. Family relations by themselves do not give the right to access information protected by notarial secrecy.
Cases of disclosure of notarial secrecy
Maintaining confidentiality is one of the basic principles of a notary's professional activity, and its violation entails legal liability. At the same time, the law provides for certain cases when the disclosure of certain information is allowed. In particular, this is possible in the case of:
- entering data into state registers by a notary;
- submission of information within the framework of financial monitoring;
- provision of information to the extent established by law at the request of the court, law enforcement agencies, tax authorities, state or private enforcement officers, as well as the Ministry of Justice of Ukraine.
If a notary is summoned to court as a witness, this does not automatically mean the disclosure of confidential information. They have the right to provide information containing notarial secrecy only with the consent of the person in whose interests the notarial act was performed, or upon a direct legal request. Even in litigation, the law guarantees the protection of the client's privacy.
Certificates of performed notarial actions and copies of documents kept by a notary can only be received by persons on behalf of or in respect of whom these actions were performed. In the event of the death of such a person, this right passes to the heirs. If custody is established over the property of a missing person or a person missing under special circumstances, the relevant documents can be obtained by the appointed guardian within the limits of their powers.
The principle of notarial secrecy is a fundamental component of trust between a notary and citizens or legal entities, ensuring legal protection and confidentiality of important information.
