Data Protection and Religious Freedom in the EU in the Context of the Catholic Church in Poland

The protection of personal data and religious freedom represent two fundamental rights that can be potentially in conflict in the European Union legal framework. The purpose of this paper is to critically analyze Articles 91 and 17 of the General Data Protection Regulation (GDPR 2016) in order to examine their implications for the exercise of religious freedom in both the personal and the institutional realms. The research employs a comprehensive legal analysis, examining potential interpretations of the articles in the context of the Catholic Church and of Poland. The findings suggest that while Article 91 introduces data protection requirements for religious associations, it does not inherently threaten religious freedom. However, the study highlights significant risks arising from potential misinterpretations of Article 91, particularly regarding the concepts of “comprehensive rules” and “brought into line with” GDPR standards. The same applies to Article 17 and the “right to be forgotten”, whose absolute application can interfere with freedom of religion. The research concludes that careful, nuanced interpretation of the GDPR is crucial to maintaining both personal data protection and religious freedom. The paper ultimately argues that the articles of the GDPR can be understood as a mechanism for safeguarding religious freedom rather than constraining it, provided it is applied regarding the diverse doctrinal principles of different religious organizations.