The Court of Justice of Paraná overturned a first-instance ruling that denied condo residents access to the list of delinquent unit owners, expressly dismissing concerns related to LGPD (Brazil's General Data Protection Law). The 8th Civil Panel held that the building manager must produce all requested documents — including the delinquency list — in an anticipatory evidence action filed by unit owners at Condomínio Torre Blanca against the building manager.

The unit owners claimed that since 2017 they had been requesting various documents from the building manager, such as meeting minutes and recordings, but their requests were consistently ignored or denied. Their primary goal was to verify the legality of assembly deliberations, as they suspected that a delinquent unit owner had voted and been elected to the advisory board — in violation of the Civil Code, which requires that only owners up-to-date with their financial obligations may participate in votes.

The first-instance judge had granted access to the other requested documents but specifically denied access to the delinquency list on the grounds that it constituted "third-party data." The Court found this reasoning flawed and conducted a detailed analysis of the LGPD, clarifying that the restriction on sharing data without prior consent applies only to data classified as "sensitive" under Article 5, item II of the law — which includes racial origin, religious beliefs, political opinions, health data, and sexual life.

The ruling was emphatic in establishing that condo delinquency data does not qualify as sensitive personal data and may be processed when there is a legitimate interest of third parties to be served, as provided for in Article 7, item IX of the LGPD. The Court concluded that the unit owners' right to information prevails over the delinquent parties' right to privacy — provided there is no humiliating exposure — characterizing this as the lawful exercise of a right in furtherance of condominium transparency oversight and verification of the building's financial health.

This post was summarized from the original ruling with the use of AI, with human review.

TJPR/AI n. 0029366-92.2025.8.16.0000