Does GDPR or other data protection legislation cover church records such as baptism or church membership?

7 comments

1. I’m sure all data subjects have the right to request data controllers remove their data. If they refuse they must explain why they still have a legitimate business need to retain your data. For most organisations that would be because there’s still financial or legal implications requiring your data be kept.

   If they refuse you can ask for a written explanation and seek guidance from the ICO. There are some exemptions for not for profits organisations, but I don’t think those exemptions extend to not having to comply with data subject requests.

   Basically, put your request for all data to be deleted in writing, and confirm you want a written explanation if they can’t comply with your request, citing the legislation they’re relying on to not comply.

2. Baptism is generally a matter of public record, so you have the right for info to be accurate but that’s about it.

   Church membership – depends how that’s defined. If you want to remove any record that you were ever part of their organisation, then you won’t be able to be removed from baptism or marriage records but should be removed from any databases of current members for contact. They may keep records of say people who ran events for longer, in case of questions years later. It depends on the purpose of the data.

   Jehovah’s Witnesses for example take data protection very seriously and if you ask to be ‘added to their Do Not Call list’ – don’t just ask them not to call – then you won’t see them at your door again.

3. /r/LegalAdviceUK/

4. Not if they’ve got a legitimate reason to keep those records, no. Whether the reason they provide is legitimate or not is something that can be challenged, but you’d need deep pockets and a lot of time for the inevitable court cases.

5. It depends what denomination and what kind of records – I am a follower of Jesus and been going to different churches all my life. All the ones I know are careful with GDPR and wouldn’t try to keep anything on record they didn’t have to. I don’t know if there are some legal things within the Church of England because of the way it is set up, that have to be kept, but other than that I’d be thinking any who didn’t remove records would be a little cult-y. Some might be traditional and write things down in a big paper book and be a bit previous about not tearing out pages or making it ugly by scribbling out names, but the individuals who like a pristine record need to get over themselves and hopefully they’re not the only person in charge who could do that. For any financial giving, I don’t know if records need to be kept of where funds come from, but I would assume that would renew at the financial year in April?

   If it’s a specific local church not agreeing, they’re likely to be part of a wider denomination (baptist, Methodist, AoG etc) and you could find out who oversees that specific church and speak to them about it (to get around the stuffy record keepers who may have been doing it for 70 years and not understand the importance of GDPR!)

   Infant Christenings are different to adult baptism, I’m not sure if the legality of the first but the second should definitely be removable (although, I don’t know any churches that do keep a list, any list keeping in that regard would make me think it’s a bit cult-y).

   Same with membership, I don’t know many denominations that still do official membership, but again, it would strike me as cult-y for them not to remove it.

   I don’t know about monetary gifts, as there are sometimes accountability things for record keeping if where money came from, so I don’t know the legality on that, but I would assume that that might renew every tax year?

6. What kind of church and what was the process for “joining”? If you’re talking about conventional CofE or Catholic I’m not sure how you would leave if you haven’t had a formal joining process. It’s not a David Lloyd gym or NowTV membership.

   A baptism is recorded locally as part of the church records. This isn’t a binding membership of the specific church which can be rescinded by notice, it’s a service of faith. If you no longer wish to practice that faith, you just don’t, or join another.

   GDPR applies regardless. You don’t get to delete your “account” though as the activities of the church are recorded.

7. At mine you’d just need a signed letter asking to be removed and you’d be taken off the membership records.

   Pretty straight-forward and yet when we approach people about this when trying to clear up our records of people who never come, many won’t write the letter despite complaining that we keep trying to contact them.