Notarial Confidentiality: What a Notary Is Legally Bound to Keep Secret

What Is Notarial Confidentiality?

Notarial confidentiality is a legally binding duty that prohibits a notary from disclosing any information obtained in the course of professional practice. In plain terms: everything you share with a notary when authenticating a transaction, executing a power of attorney, or completing any other notarial act is protected by a strict confidentiality regime. This is not a matter of personal discretion — it is a statutory requirement under Uzbek law.

In my day-to-day practice, I regularly encounter clients — including foreign investors and expatriates — who are unsure exactly where the boundaries of this protection lie: what is covered, who may receive information, and what happens in exceptional circumstances. Let me answer those questions clearly and concretely.

Key points at a glance:

• A notary is obliged to keep confidential all information received in connection with notarial acts.
• The duty of confidentiality extends to all staff members of the notarial office.
• Disclosure is permissible only in strictly defined circumstances prescribed by law.
• Breach of notarial confidentiality exposes the notary to professional sanctions and legal liability.

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What Information Is Protected?

Notarial confidentiality covers a broad range of information:

• The substance of notarial acts — the texts of authenticated agreements, wills, and powers of attorney;
• Personal data of the parties: names, addresses, passport details, marital status;
• Asset information — what is being transferred, sold, or mortgaged, and on what terms;
• Background circumstances that parties disclose to the notary during document preparation;
• The mere fact of consulting a notary — in certain contexts, even this constitutes protected information.

A point worth emphasising for international clients: protection is not limited to the final executed document. Everything communicated during the preparation stage — drafts, oral explanations, preliminary discussions — falls equally within the scope of confidentiality.

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When May Information Be Disclosed?

The law is not absolute — specific exceptions exist in which a notary is entitled or required to provide information. These generally include:

• Court orders issued in the context of judicial proceedings.
• Requests from prosecutorial or investigative authorities where a lawful basis exists.
• Tax authorities, in cases expressly provided for by applicable legislation.
• The parties to the transaction themselves — each party is entitled to receive information concerning notarial acts performed in relation to them.
• Heirs, to the extent necessary for the administration of an estate.

An important practical note for foreign investors: a notary will not disclose information in response to an informal request, a telephone inquiry, or a third party's claim to be a relative or authorised representative of a party. Any access to protected information requires a properly documented legal basis.

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Liability for Breach of Confidentiality

A notary bears personal professional responsibility for any unauthorised disclosure of protected information. Consequences may include disciplinary sanctions up to and including revocation of the notary's licence, as well as civil liability for losses suffered by the client. All staff members of the notarial office are likewise bound by non-disclosure obligations.

I would recommend discussing with your notary at the outset of any transaction exactly who may be entitled to receive information about your matter and under what conditions — this helps avoid unwelcome surprises later.

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Documents to Bring If You Request Access to Your Own Records

If you wish to request information about notarial acts performed with your participation:

• [ ] Government-issued identity document (passport)
• [ ] Documents confirming your legal interest (e.g., certificate of inheritance rights, power of attorney)
• [ ] If acting through a representative — a duly notarised power of attorney

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Frequently Asked Questions

Can a spouse learn the contents of a will without the testator's knowledge?

No. A will is protected by confidentiality until the estate is opened. Even close family members have no right to access this information during the testator's lifetime.

May a bank request details of my transaction from the notary?

Only where a lawful basis exists — for example, in the context of enforcement proceedings or other procedures expressly provided for by law. A routine bank inquiry without such a basis does not constitute grounds for disclosure.

Does confidentiality apply to transactions that were never completed?

Yes. Information obtained by the notary during document preparation remains confidential even if the transaction ultimately did not proceed.

What should I do if I believe the notary has breached my confidentiality?

You are entitled to file a complaint with the Notary Chamber, and — where loss has been suffered — to bring a claim before the courts. I recommend documenting the circumstances of any suspected breach as carefully as possible.

Are the notary's assistants and support staff also bound by confidentiality?

Yes. All persons employed at the notarial office with access to documents are subject to the same non-disclosure obligations.

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> Disclaimer. This article is intended for general informational purposes only and does not constitute legal advice or replace an individual consultation with a qualified notary. The specific circumstances of your matter may significantly affect the applicable rules and the appropriate course of action. Please verify current procedural requirements and any applicable fees directly with your notary.

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Consult a Notary in Tashkent

If you have further questions about how your information is protected under Uzbek notarial law, or if you need to complete any notarial act — whether as part of a business transaction, property acquisition, or estate matter — I welcome you to schedule a consultation at my notarial office in the Yunusabad district of Tashkent. I am pleased to explain your rights in detail and to assist you in completing your documents in full compliance with Uzbek law.