The Commission of the Bishops' Conferences of the European Union (COMECE, by its Latin acronym) has reiterated its concerns over the possible deletion of baptismal records within the European Union. Their reaction follows the nonbinding opinion issued on Oct. 1 by Laila Medina, advocate general at the Court of Justice of the EU.
In her opinion regarding case C-12/25, "Bisdom Gent," (Diocese of Ghent) brought by a Belgian citizen who demanded that the Diocese of Ghent delete his baptismal data, Medina opened the door to the possibility that ecclesiastical archives could be required to erase the name of a baptized person who requests such removal after leaving the Church.
To date, the standard practice has been to make a marginal note recording the interested party's wish, without erasing the person's data.
In an Oct. 5 statement, COMECE noted that the ruling acknowledges that "the assessments required by the case are 'complex'" and, in several respects, "leaves room for the role of national courts" and also impinge upon "the relevance of Church autonomy and of its freedom of religion," as well as the importance to the Catholic Church of the "correct administration of the sacraments."
Concerns and questions
The representatives of the episcopal conferences to the EU emphasized that "several elements expressed in the opinion raise concerns and questions." In particular, the fact that it "rejects the solution of adding to the baptismal record a marginal annotation of the wishes of the relevant data subject."
For the Catholic Church, this stance represents a departure from the fact that "across diverse legal systems and state-church relations models — consistent national jurisprudence in the EU Member States has accepted this practice as an entirely adequate legal solution in case of erasure requests concerning baptismal registers."
"Erasing the name and surname of the baptized person from the record of a baptism entirely deprives the registration of the baptism, as such, of its meaning, value and purpose," COMECE added, noting: "This crucial aspect seems to have been neglected."
At the same time, COMECE criticized the ruling for also lacking an analysis of the impact of erasure "on the interests and rights of third parties" — referring to parents, godparents, or the priest administering the sacrament.
Furthermore, COMECE pointed out that the "considerations regarding the possible emotional distress that could result from retaining a person's data in a baptismal register are also unconvincing."
'Significant legal uncertainty'
In addition COMECE expressed concern that, "if confirmed, the orientation provided by the opinion may create significant legal uncertainty for ecclesiastical data controllers" in EU member states, a situation it described as "particularly serious" because such uncertainty "would strike at baptismal registers, which are a central pillar of the Church's internal functioning and organization, and are vital to enabling it to carry out its mission."
Furthermore, representatives of the European Union prelates point out that "to avoid misconstructions, it is important to highlight that no general or automatic right to erase data from baptismal records is recognized in the opinion."
Finally, COMECE recalled that Pope Leo XIV, in a recent speech delivered in Metz, France, cited Article 17 of the Treaty on the Functioning of the European Union (TFEU), noting "that the principle of secularism governing the life of states also presupposes respect by national and European authorities for the autonomy of the Churches and the promotion of their freedom of organization, expression, and worship."
In its statement, COMECE went on to look forward to the ruling of the Court of Justice of the EU on the case, trusting "that it will establish a more favorable line with regard to the protection of baptismal registers from erasure." The COMECE Legal Affairs Commission is also working to prepare a more in-depth position paper on the ruling.
This story was first published by ACI Prensa, the Spanish-language sister service of EWTN News. It has been translated and adapted by EWTN News English.
