Duyurular

CJEU Advocate General Considers that the GDPR Right to Erasure May Apply to Personal Data in Baptismal Registers

An Opinion was delivered by Advocate General Laila Medina of the Court of Justice of the European Union (“CJEU”) on October 1, 2026, in Case C-12/25 (Bisdom Gent). The Opinion addresses whether personal data contained in baptismal registers may be subject to the right to erasure under the General Data Protection Regulation (“GDPR”).

The case originated from a request made by a Belgian national, by which the erasure of all references to him from the physical and digital registers and archives of the Diocese of Ghent was sought following his departure from the Catholic Church. Although his departure from the Church was recorded, his personal data was retained in a legible form. A complaint was subsequently lodged with the Belgian Data Protection Authority, which ordered the erasure of the personal data. That decision was challenged by the Diocese before a Belgian court, and a reference for a preliminary ruling was subsequently made to the CJEU.

Within the scope of the Opinion, several key points were set out:

  • Applicability of the GDPR: Baptismal registers are considered to constitute structured sets of personal data and, therefore, filing systems within the meaning of the GDPR. Accordingly, the autonomy of churches and religious organisations does not exclude the processing of such data from the scope of the GDPR.
  • Lawfulness of Processing and Right to Erasure: The processing of personal data before a withdrawal request may be considered lawful under the GDPR even in the absence of the individual’s express consent. Nevertheless, the right to request erasure may, in principle, be exercised by the individual by formally objecting to the processing.
  • Legitimate Grounds and Balancing of Rights: Following such an objection, the processing of personal data may be continued only where compelling legitimate grounds for such processing can be demonstrated. In this context, the necessity of maintaining the relevant records and the respective rights and interests of the parties concerned must be assessed on a case-by-case basis. In particular, the individual’s rights to private and family life, protection of personal data, and freedom of thought, conscience and religion must be balanced against the autonomy and freedom of religion of the Church.
  • Archiving and Historical Research: Where further processing cannot otherwise be justified, processing may still be permitted for purposes of archiving in the public interest or historical research, provided that the applicable conditions are satisfied. In particular, such processing must be necessary for the relevant purposes, appropriate safeguards must be provided for the rights and freedoms of data subjects, and the principle of data minimisation must be respected.
  • Definition of Erasure: Merely striking through personal data while leaving it legible and adding an annotation concerning the individual’s departure from the Church does not constitute erasure within the meaning of the GDPR. The relevant data must instead be rendered illegible to the extent necessary to ensure that the individual is no longer identified or easily identifiable. However, information concerning the fact that a baptism took place at a particular place and time may be retained, and the physical removal of pages from the register is not required.

Background on the Procedure

Advocate General’s Opinion: An Advocate General’s Opinion constitutes a non-binding legal assessment submitted independently to the Court of Justice, proposing a legal solution to the case. The Opinion is not binding on the CJEU, and the final judgment will be delivered at a later date.

Reference for a Preliminary Ruling: A reference for a preliminary ruling is a procedural mechanism through which national courts and tribunals of EU Member States may refer questions concerning the interpretation of EU law to the CJEU in the context of disputes pending before them.

You can access the full text of the Opinion here.

 

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr

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