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PolicyOct 6, 2026

CJEU - C-12/25

Advocate General opines data subject can request erasure from baptism register unless overriding grounds exist.

The Advocate General in CJEU case C-12/25 opined that a data subject can request the erasure of their personal data from a baptismal register under Article 17 GDPR. This is permissible due to emotional distress from continued affiliation with the Church after departure, unless the Diocese can demonstrate overriding legitimate grounds for processing or if the data is necessary for archiving or historical research purposes.

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The lesson from this incident

Full lesson

The CJEU Advocate General's opinion in case C-12/25 affirms that Article 17 GDPR's 'right to erasure' extends to religious organizations maintaining baptismal registers, when continued data processing causes emotional distress to individuals who have left the faith. This ruling highlights that no organization — including religious institutions — is categorically exempt from GDPR obligations simply by virtue of their historical record-keeping traditions. The burden falls on the data controller (the Diocese) to demonstrate overriding legitimate grounds for retention, such as archiving or historical research, rather than assuming perpetual lawfulness of processing. Failure to honor valid erasure requests without documented justification exposes organizations to regulatory enforcement and reputational harm.

Entities

baptism register (product)Diocese of Ghent (vendor)