European data rules may allow erasure of baptismal records, EU court adviser says

Europe’s data protection rules may require the erasure of personal data from Catholic baptismal records in some cases when an individual requests it, a top European Union official said Thursday.

The Oct. 1 opinion from Laila Medina, the advocate general at the Court of Justice of the European Union, could prove decisive in a dispute between the Catholic Church and European leaders over whether or not baptismal records can be preserved in Church registers.

The Court of Justice is currently considering the case, which was brought by the Brussels Court of Appeal and which asked for clarification about whether the Diocese of Ghent’s refusal to erase names from baptismal records when requested is in violation of Europe’s General Data Protection Regulation.

Catholic leadership has expressed strong concerns over the issue. The Commission of the Bishops’ Conferences of the European Union said in September that baptismal records are not merely a “list of members” of the Church but rather serve as a “record of historical events.”

Allowing baptismal record erasures would “constitute an infringement on the substance of the sacrament” and would “seriously impede” the functioning of the Church, the bishops said.

Pope Leo XIV has also expressed concern in the debate, having reportedly told the European bishops in May 2025 that he “considers the issue very important.”

In her Oct. 1 opinion, which is non-binding on the justice court, Medina said European data rules apply to the case and that the “data processing in question,” i.e. the baptismal records, “must be in line” with those rules.

The Catholic Church must demonstrate “compelling legitimate grounds” for retaining someone’s name in the baptismal records after the person rejects, Medina said.

The Ghent Diocese had originally responded to the individual’s deletion request by striking through his name but still retaining his entry in a legible form. That measure, Medina said, “does not constitute erasure” under European data rules.

“The data must be rendered illegible to the extent necessary to ensure that the person is no longer identified or easily identifiable,” she said. She argued that “information concerning the fact that a baptism took place at a given place and time may be retained.”

Medina acknowledged that the issue was “complex” and that the European court must make a “case-by-case assessment” regarding such data disputes.

Though the report is non-binding, advocate general opinions often help shape the outcome of cases in European courts. The Oct. 1 document noted that the judges are “now beginning their deliberations” in the case. A ruling is expected later in 2026 or in 2027.

In September the European bishops told the court that baptismal registers do not “bear witness to the faith of individual persons” but rather serve as a “fundamental evidentiary instrument” that in part helps the Church manage its other records related to marriage and confirmation.

Requiring the deletion of baptismal data, the bishops said, would dictate that the Church “adapt to [a person’s] feelings or opinions” in how it understands baptismal records.

This would require a shift in “theological reflection,” they said, which is “protected by Church autonomy.”

Source: https://www.ewtnnews.com/world/europe/european-data-rules-may-allow-for-erasure-of-baptismal-records-top-court-advisor-says