A parish of the Roman Catholic Church – Court Ruling (Slovenia, 2021)
General GDPR enforcement action
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A Slovenian parish was involved in a court case about whether a person could have their baptismal record erased. The court decided the record is an important archive and cannot be deleted, even if the person is no longer a church member.
What happened
The parish refused to erase a person's baptismal record, claiming it was an important archival document.
Who was affected
The individual who wanted their baptismal record erased, as they were no longer a church member.
What the authority found
The court ruled that the baptismal record is an archival document and cannot be erased under GDPR's archiving exceptions.
Why this matters
This ruling highlights that some records, considered important archives, cannot be erased even if requested. It shows the balance between privacy rights and historical preservation.
GDPR Articles Cited
A parish of the Roman Catholic Church was processing the application of an individual on the right of erasure. The individual requested their personal data to be erased from the Baptismal Register, because they were no longer a member of the church. In their opinion, the collected data were no longer necessary in relation to the purposes for which they were collected. They did not give consent for their baptism or processing of his personal data. The individual also claimed that personal data entered in the register revealed religious beliefs and interfered with their religious freedom. The data collected in the register were: first and last name of individual, 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 Slovenian DPA assessed if the processing is necessary for archiving purposes in the public interest in accordance with Article 89(1) GDPR and if the erasure is likely to render impossible or seriously impair the achievement of the objectives of that processing (Article 17(3)(d) GDPR). The SA emphasised, that the aforementioned act itself stipulates that church documentary material has the characteristics of archival material. It is also subject to the principles of permanence and integrity and it provides measures which can be considered as appropriate safeguards according to 89(1) GDPR. The DPA decided that the Baptismal 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
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for A parish of the Roman Catholic Church in SI
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. A parish of the Roman Catholic Church - Slovenia (2021). Retrieved from cookiefines.eu
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