The deletion of his name from the baptism records may be refused by the Church

The association refused him. He then referred the complaint to the National Commission for Informatics and Freedoms (Cnil), which closed the complaint. None of the grounds for erasure mentioned under the GDPR (Article 17) can apply to the request of the interested party and the addition to the register of a statement indicating that the person does not recognize the value of his baptism corresponds to his right of opposition (Article 21).

Dissatisfied with this decision, the person asks the Conseil d’État to require the Cnil to order the erasure of his personal data in the diocese of Angers’ register of baptisms.

The Conseil d’État recalls, first of all, that for the Catholic Church, baptism registers are intended to keep a record of an event constituting entry into the Christian community and that baptism may be received only once in a person’s life.

Next, noting that the permanent deletion of the registration of baptism could prevent the person concerned from reintegrating into the Christian community if he wishes to do so, the Council of State considers that the mention of the initial baptism is therefore indispensable for the Church.

According to the Council of State, the data contained in the baptisms registers are treated in a permissible manner because of their conditions of access, storage and archiving, as well as their purpose of monitoring the religious path of the baptized persons and the possible establishment of subsequent acts in the context of the administration of Catholic worship.

The interest which the Church attaches to the retention of personal data relating to baptism entered in the register must be regarded as an overriding legitimate ground, taking precedence over the applicant’s moral interest in requesting the definitive erasure of his data.

The Conseil d’État therefore confirms, in its judgment of 2 February 2024, the decision of the Cnil.

In his view, the inclusion in the register of baptisms of a statement that the baptized person has stated his or her wish to renounce any link with the Catholic religion is sufficient to guarantee the right of opposition. None of the grounds for erasure provided for in the GDPR apply.