Slovenian SA: The Right of Erasure Does Not Include Data Erased from Baptismal Register


On 2nd of June 2021 Slovenian Administrative Court upholds the decision of the Slovenian Data Protection Authority (“Slovenian SA”) that the right of erasure does not enable an individual to have his personal data erased from Baptismal Register.

A parish of the Roman Catholic Church (“Parish”) requested to erase his personal data from the Baptismal Register. He did not give consent for his baptism or processing of his personal data. The individual also claimed that personal data entered in the register reveal religious beliefs and interfere with his religious freedom. 

The data which was collected in the register: name, surname, date of birth, date of baptism, names of parents and godparents and place of residence.

The parish claimed that the legal basis for the processing of data in the register is mainly the Protection of Documents and Archives and Archival Institutions Act, which classifies the registry as archival material of outstanding national importance, therefore it is not allowed to delete any of the data contained. The parish has also made an additional entry in the register stating that the person is no longer a member of the church.

The SA decided that the Batismal Register is an archive document according to the national act and that the individual cannot claim the right of erasure when the processing is needed for archiving purposes in the public interest. Deletion of the data would seriously hamper the achievement of these objectives.

You can find the full text of the press release here.

Kind regards,

Zumbul Attorneys-at-Law