Can the “right to be forgotten” require the Church to forget that somebody was baptised? That question is now before the European Court of Justice and it is actually a lot more interesting than it might initially sound.
The case concerns a man baptised as a child in Belgium who later decided that he no longer wished to belong to the Catholic Church. He asked for his name to be removed from the baptismal register. The Diocese of Ghent refused to delete the record but offered instead to annotate it, recording his decision to leave the Church. The dispute eventually reached the Belgian courts and has now arrived before the EU's highest court, where Advocate General Tamara Ćapeta has argued that the Church should not enjoy a general exemption from the GDPR requirement to erase personal data simply because the information appears in a baptismal register. Before reaching instinctively for the Catholic answer, I think we should acknowledge that there is a serious privacy argument here.
Imagine being baptised as a baby without having chosen it, growing into adulthood, rejecting Christianity completely and formally telling the Church that you no longer wish to be associated with it. You might reasonably object if an institution continued to describe you as one of its members. You might also ask why an organisation with which you no longer identify should possess a permanent record connecting your name with a religious affiliation you explicitly reject. In this day and age, personal data can be aggregated, transferred and processed on an enormous scale, the principle that individuals should possess meaningful control over information held about them is not trivial.
I also think that Churches should not expect an exemption from every legitimate protection of privacy merely because their records have a religious purpose. But bear with me here, baptismal registers create an unusual problem because they are not simply membership databases. A baptismal record makes an historical claim. It records that, on a particular date and in a particular place, a particular person was baptised, usually identifying parents, godparents and the minister as well.
Deleting the entry therefore does something rather different from removing somebody from a mailing list or cancelling a gym membership. It alters the surviving institutional record of an event which actually happened. That distinction becomes even more important in Catholic theology. The Church does not believe baptism is merely an enrolment procedure by which somebody joins an organisation until deciding to resign from it. Baptism is a sacrament which, if validly received, cannot be repeated or undone. Catholic theology traditionally describes it as imparting an indelible sacramental character.
That does NOT mean the Church is entitled to pretend somebody remains a practising Catholic when they have explicitly rejected the faith. Those are two different claims. “The Church says I remain sacramentally baptised” is a theological statement about what Catholics believe happened at baptism. “The Church claims I remain a practising member” is a sociological statement about my present beliefs and affiliation.
The first may remain true within Catholic sacramental theology even when the second is manifestly false. And that is why annotation seems to me such an important middle course. If somebody tells the Church that he no longer identifies as Catholic, the record should be capable of stating that clearly. Such an annotation respects something morally important: a human being has the right to say what he now believes and to reject an affiliation he no longer accepts.
The Church should not count him as attending Mass, present him as a practising Catholic, contact him as though nothing has changed or use a childhood baptism to disregard his adult repudiation of the faith. But acknowledging what somebody believes today does not require pretending that something which happened yesterday did not happen. Indeed, the principle extends beyond religion. Archives constantly contain information which the people concerned might no longer wish to define them. Someone may leave a political party, renounce citizenship, dissolve a marriage, abandon an organisation or repudiate convictions sincerely held decades earlier. The historical record can acknowledge the change precisely because it preserves both realities: what was true then and what is true now.
There are legitimate questions about access, data security and how information in sacramental registers may be processed. Institutional memory cannot become an excuse for unlimited retention or exploitation of personal information. But deletion is different. A society which takes personal autonomy seriously should allow people to change their beliefs, affiliations and identities. A society which takes history seriously should also understand that changing what we believe now does not make events in our past cease to have occurred. Perhaps the solution is therefore neither to tell the former Catholic, “You cannot leave,” nor to tell the Church, “You must forget.”
Record the baptism.
Record the departure.
Respect the person's present convictions.
And preserve the truth about the past.
Source: Mark Lambert @sitsio
comece.eu/comece-reacts-…




