Artificial intelligence and notarial confidentiality: what a Quebec notary should verify before sharing a file with a tool
Using AI in a notarial file raises a question that goes beyond cybersecurity: what does the tool actually receive, who can access it, and what safeguards allow a notary to assess its use?
Before you read. This guide outlines questions to consider when an artificial intelligence tool processes information from a notarial file. It is not legal advice. Professional secrecy, privacy obligations and professional duties must be assessed in light of the specific context in which a tool is used.
Artificial intelligence can rewrite text, summarize a document, extract information from a deed or answer questions about a file. In a notarial practice, however, these uses do not all have the same implications.
The first question is therefore not simply: “Is this AI tool secure?”
A more precise question is: what information is actually being disclosed to the tool, who may gain access to it, and under what conditions is it processed?
This distinction matters because the use of technology does not eliminate a notary’s professional obligations. The Notaries Act requires notaries to preserve the secrecy of confidential information received in the course of their profession, while the Code of ethics of notaries contains specific provisions on professional secrecy and confidentiality.
Professional secrecy still applies when the work becomes digital
Section 14.1 of the Notaries Act requires notaries to preserve the secrecy of confidential information received by reason of their profession. The Code of ethics of notaries also provides that notaries are bound by professional secrecy and sets out the circumstances in which they may be released from that obligation.
Moving a document from paper to software does not, by itself, change the nature of that obligation.
The Chambre des notaires du Québec also reminds notaries that using technological tools does not alter their obligation to protect the confidentiality of the information they collect. It also expects notaries to assess the technological solutions used in their practice and to ensure that those solutions meet applicable requirements relating to information security and protection.
For an AI tool, this means looking at what happens to the information, not merely at the features visible on the screen.
Professional secrecy, privacy and security are three different questions
These concepts overlap, but they are not interchangeable.
Professional secrecy concerns, among other things, protected information obtained in the course of the professional relationship.
Privacy law governs the collection, use, disclosure, retention and protection of information concerning or identifying an individual.
Technology security concerns the measures used to prevent unauthorized access, disclosure or loss of data.
A provider may therefore state that its communications are encrypted without that statement, by itself, answering every question related to professional secrecy.
Likewise, knowing that a document is stored in Canada answers a location question, but not necessarily the others: who processes the document? For what purposes? For how long? Which subcontractors are involved? Can the content be reused?
That is why our guide on Law 25 and the questions to ask an AI provider complements, rather than replaces, the analysis required for professional secrecy.
Start by identifying what the AI actually receives
The phrase “using AI” covers very different situations.
Comparing the following scenarios makes this clear:
| Use | What is transmitted | First question to examine |
|---|---|---|
| Asking for a rewrite of generic text | No file-specific information | Does the content still contain confidential information? |
| Summarizing a previously anonymized document | A modified version of the document | Does the anonymization truly prevent identification of the people or file involved? |
| Uploading a deed or querying a file | All or part of the professional document | Who receives and processes the information, and under what conditions? |
The name of the tool is therefore not enough to determine the risk.
Two functions available in the same application may also process data differently. A grammar-correction feature and a feature that allows a user to query an entire file do not necessarily involve the same data flows.
Before using an AI feature, a practice should therefore be able to answer a very concrete question:
what leaves the firm’s immediate environment when I click “send”?
Four questions to ask before sharing file contents
1. What information is being sent?
Begin by identifying precisely what data is transmitted.
Is it a single sentence, an excerpt, a complete deed, a certificate of location, a chain of title, or an entire file?
It is also important to distinguish between the original file and any text that may be extracted from it for processing by an AI model.
An interface may create the impression that a document “remains” in a workspace even though a specific function requires part of its content to be sent to another service.
2. Who can receive this information?
The provider visible to the user is not necessarily the only organization involved.
A technology solution may rely on hosting providers, document-processing services or other technology providers.
The Chambre des notaires indicates that technology providers used in notarial practice have responsibilities relating to information protection and compliance with professional standards.
For a notarial practice, the useful question is therefore less “what is the software called?” and more:
which organizations may gain access to the data required for the service to operate?
3. For what purposes may the data be used?
A document provided to software may be used only to deliver the requested service, but the applicable terms should be verified.
In particular, it is important to distinguish between:
- processing required to respond to the user’s request;
- retention of the content;
- analysis for operating or improving the service;
- any use of the data to train or improve models.
A general statement such as “your data is secure” does not answer these questions.
The provider should be able to explain in writing what happens to documents and information submitted to the system.
4. Can you verify the safeguards being claimed?
A marketing promise is not the same as information that supports professional verification.
For every tool that receives file data, look for clear answers about:
- data location;
- the people or providers that may access the information;
- permitted uses of the documents;
- retention;
- relevant security measures;
- what happens when the relationship with the provider ends.
The Chambre des notaires recommends that notaries assess the technology solutions used in their practice to ensure that they meet their needs and the principal obligations applicable to information protection.
“Hosted in Canada” does not answer every question
Data location matters, but it should not be used as a shortcut for resolving every confidentiality issue.
Consider a simple example.
A provider could store a file on a Canadian server. It would still be relevant to know whether the contents of that file are sent to another service for analysis, where that processing occurs, and what terms govern that disclosure.
Conversely, understanding the processing steps makes it possible to distinguish the place where a document is stored from the place where its contents are processed.
The following questions should therefore be asked separately:
- Where are the documents stored?
- Where is the information sent to the model processed?
- Which providers participate in that processing?
- Is the information retained or reused after the response is generated?
This distinction avoids reducing the entire analysis to a single label such as “Canadian data.”
Anonymization can help, but you still need to check what remains identifiable
Removing the client’s name does not necessarily make a document anonymous.
A real estate file may contain an address, lot number, precise dates, names of parties, registration numbers or other information that can be used to identify the property or the people involved.
The right question is therefore not only:
“Did I remove the name?”
but rather:
“Can the remaining information still be linked to a specific person or file?”
This question is particularly important when a document is submitted to a tool that was not selected or assessed for the handling of professional files.
What a provider should be able to explain clearly
Before sharing the actual contents of a file with an AI tool, a notarial practice should be able to obtain answers that are understandable and sufficiently precise.
| Question | What you are trying to establish |
|---|---|
| What does your system receive? | The documents, excerpts and metadata actually transmitted |
| Where is the data processed? | The locations of storage and processing |
| Who is involved? | The provider and relevant subcontractors |
| What may my data be used for? | Permitted and prohibited uses |
| Do you use my documents to train models? | An explicit answer on reuse |
| How long do you keep the data? | Retention rules |
| How is access protected? | Relevant security measures |
These questions do not, by themselves, establish that a tool is appropriate for every situation. They are meant to help a notary obtain the information required for an informed professional assessment.
For a more detailed privacy-focused checklist, see 10 questions to ask an AI provider under Law 25.
Where NotairIA fits
For the functions described on the NotairIA Features page, files, documents and accounts are hosted on Microsoft Azure in Canadian regions; the AI models that read documents are hosted in Canada; and documents are not used to train models.
These characteristics answer some of the verification questions discussed in this guide. They do not transfer the legal analysis away from the notary: that analysis remains the notary’s responsibility.
Frequently asked questions
Can a notary use ChatGPT or another artificial intelligence tool?
The product name alone is not enough to answer that question. The intended use, the information being transmitted, the terms applicable to the service, and the people or organizations that may process the information all need to be considered. Using AI with completely generic text is not the same situation as submitting the contents of a client file.
Does using an AI hosted in Canada automatically protect professional secrecy?
No. Location addresses only one part of the analysis. It is also necessary to determine what data is processed, by whom, for what purposes, under what retention rules and with what safeguards. Canadian hosting is information to verify, not a legal conclusion by itself.
Can an anonymized document be shared with an AI tool?
Anonymization reduces certain risks only if it actually prevents the content from being linked back to a person or file. Removing names may be insufficient if an address, lot number, dates, registration numbers or other identifying information remain. The assessment therefore depends on both the document and the intended processing.
For further reading: Law 25 and AI: 10 questions to ask a provider, Security and privacy and NotairIA features.