A group of European bishops have turned to Pope Leo XIV and the Holy See for help as the Court of Justice of the European Union reviews a Belgian court case about the cancellation of names from baptismal records.

In a May 23 audience at the Vatican, Pope Leo XIV “told us that he considers the issue very important. He mentioned it right from the start. He said, ‘I really want to hear your opinion,’” Alessandro Calcagno, a lawyer and assistant general secretary of the European Union bishops’ conference (COMECE), told ACI Stampa, CNA’s Italian-language news partner.

The Court of Justice of the European Union is currently hearing a case brought by the Brussels Court of Appeal, which asked for clarification about whether the Catholic Church’s refusal to erase names from baptismal records when requested is in violation of Europe’s General Data Protection Regulation.

That rule has regulated the processing of personal data within the European Union since May 2018. The ruling of the European court is expected at the end of 2026 or in 2027.

Calcagno told ACI Stampa that when a baptized Catholic would ask to be removed from a register, usually a note was written in the margin of the document stating “formal apostasy from the faith.” The record that baptism had taken place would remain as a historical fact. 

But at the end of 2023, in the Diocese of Ghent in Belgium, someone asked for all of their data to be completely removed from the register, which was opposed by the diocese.

There were already some similar cases in Europe in 1995, Calcagno said, but all with national court rulings favorable to the Church.

Now, he said, is “the first time that there have been small attempts to undermine this positive tendency. Because until now, case law stated that the judgment was [to add a] notation, but suddenly the idea of the cancellation [of data] has arrived.”

The question of how this can be resolved is open and the subject of a legal tug-of-war between authorities and the Church. 

“In both Belgium and the Netherlands, there is an attempt by secular civil courts to interpret canon law to argue in favor of cancellation,” Calcagno noted. “This is a great danger because if you start to enter into a law that is not your own, you start to manipulate [that law].”

COMECE is working with the Holy See to defend the Church’s position on the issue of baptismal records.

The role of COMECE has been to “bring together reflections and legal arguments when certain cases arise at the European Union level,” Calcagno said, and to hold meetings with various jurists from the national bishops’ conferences.

“We gathered many arguments that were then used,” he said. “Several member states intervened in the procedure, and there was also work done by the churches at the local level. In addition, there was strong collaboration with the Holy See, and a note was published on April 17, 2025, specifically on cancellations from baptismal registers, and we worked very intensively with the Holy See on this.”

The note from the Dicastery for Legislative Texts affirmed that “canon law does not allow the modification or cancellation of registrations made in the baptismal register, except to correct possible transcription errors. The purpose of this register is to provide certainty regarding certain acts, making it possible to verify their actual existence.”

The issue has been monitored for years, and solutions that the European Court will accept are being sought. But it should be clarified, according to Calcagno, that “the court is merely drafting a response to questions it has received from a national court. It is not an initiative against the Church by the European Union. It is a response to clarifications requested at the national level.”

The answer will take a few years, he explained, because “there has to be a public hearing, then there is an advocate general who gives guidance, called conclusions, and then the ruling comes.” 

According to a 2023 annual report, 1,270 Catholics in Belgium requested their names be removed from the baptismal register, due largely to profound fallout and public outrage over the handling of sexual abuse scandals.

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This article was originally published by CNA.