2.03 Ethical and consent practices in heritage work

Core ethical principles: The human-centred approach

Conducting an oral history interview is a great responsibility that extends far beyond simply collecting data. It is a human-centred practice built on a foundation of respect, transparency, and collaboration. When you are entrusted with someone’s life experiences, memories, and unique perspective, that trust must be earned and honoured at every stage.

This ethical framework is not just a matter of professional courtesy; it is a direct reflection of the principles championed by international bodies like UNESCO. The UNESCO Ethical Principles for Safeguarding Intangible Cultural Heritage provide a vital guide for our work.

Key principles that must inform every heritage project include:

• Primacy of communities: The communities, groups, and individuals should have the primary role in safeguarding their own intangible cultural heritage. Our role is to facilitate, not to direct.
• Transparent collaboration and consent: All interactions must be characterised by transparent collaboration, dialogue, and negotiation, and must be contingent upon the free, prior, sustained, and informed consent of the participants.
• Respect for the dynamic nature of heritage: We must respect the living, evolving nature of ICH. Our goal is not to “freeze” heritage in a static form but to support its continued practice and transmission.
• Community benefit: The communities who create and share their heritage should benefit from the protection of the moral and material interests resulting from it.

The relationship you build with the narrator is paramount. It begins with your very first contact and involves being patient, listening actively without judgement, and creating a comfortable atmosphere where they feel safe and valued.

The recording agreement: A scalable foundation for consent

Informed consent is the cornerstone of this ethical practice. It is not merely about getting a signature; it is an ongoing process of clear and honest communication. To ensure full compliance and ethical integrity, a recording agreement must be reviewed and signed with the narrator before any data collection begins. This document is the cornerstone of your ethical practice, ensuring the narrator is fully informed and agrees to all terms prior to sharing their story.

This agreement must clearly explain:

• The project’s purpose, how the narrator’s data will be collected, stored, and used, and what their rights are as a participant.
• The legal basis for processing their data. Under GDPR, for archival projects, the recommended basis is often not “consent” (which can be withdrawn, complicating archival), but that the processing is necessary for “archiving purposes in the public interest.”
• The terms of copyright assignment for the recording.
• The specific conditions for future access and use of the material. This is the crucial stage where the narrator can set any restrictions, such as embargoing the interview for a set period or making certain parts confidential, before the interview takes place.

The complexity of your recording agreement can be adapted to your project’s scope. For a small-scale, personal project, the agreement might be a simple one-page document focused on the core tenets of consent and use. For a larger institutional project, it may be a more detailed, multi-page document drafted with legal review. Regardless of length, the core ethical principles must always be present. By consolidating these elements into a single pre-interview document, you fulfil the principle of “free, prior, sustained and informed consent.” The narrator has complete control from the outset.

A new ethical layer: Consent for AI-generated derivative works

The HER[AI]TAGE project’s goal of using AI to create new derivative works – such as illustrations, audio narrations, and animated videos based on the collected stories – introduces a new and complex layer to the traditional concept of informed consent.

A narrator might readily agree to have their recorded story shared in an archive, but do they also consent to have an AI create a visual interpretation of their memory? Do they agree to an AI synthesising a voice to “speak” their words? These are not traditional questions in oral history, but they are essential for a project that blends heritage with generative AI. Therefore, our consent process must be expanded to specifically and clearly address these new, innovative uses within the Recording Agreement.

AI demonstration: Drafting a comprehensive recording agreement

Drafting a Recording Agreement that is both legally sound and easily understandable can be a significant challenge. An AI assistant can be an excellent partner in this process, helping to generate a comprehensive first draft in plain, accessible language that incorporates these complex requirements.

Prompt:

Act as an ethics advisor for the HER[AI]TAGE cultural heritage project. Draft a comprehensive, plain-language Recording Agreement form for senior citizens sharing oral histories about the Danube River. The form must be signed before the interview. It must cover: 1. A brief project reminder. 2. Transfer of copyright. 3. Conditions of access and use (with options). 4. Specific, granular consent for AI-generated content (illustrations, audio narration, video animation). 5. Options for how the narrator is credited. 6. Acknowledgment of narrator’s rights under GDPR.

Example AI-generated Recording Agreement (excerpt):

Project HER[AI]TAGE: Oral History Recording Agreement

Thank you for sharing your story with the HER[AI]TAGE project. This form confirms our agreement about how your interview recording and transcript will be used and preserved for the future.

1. Transfer of copyright

I, [Narrator’s Full Name], hereby transfer the copyright of my interview, recorded on ________, to [Institution/Project Name]. This allows the project to preserve, share, and use the interview for educational and non-commercial purposes in line with its mission.

2. Access and use of your story

Please initial the option you agree to for the main interview recording and transcript:

___ (Initial) I agree that my interview can be made publicly available for research, education, and public programming (e.g., online archives, museum exhibits).

___ (Initial) I wish for my interview to be closed to the public for ___ years, after which it can be made publicly available.

3. Permission for new creative works (using Artificial Intelligence)

Our project may use new AI technology to help share your story in creative ways. This is a new approach, so we need your specific permission for each use. Please initial only the uses you agree to:

___ (Initial) I consent to have AI-generated illustrations (drawings or images) created based on the descriptions and events in my story. I understand these are artistic interpretations and not photographs.

___ (Initial) I consent to have an AI-generated voice used to create an audio narration of my story (e.g., for an audiobook or exhibit). I understand this will not be my actual voice but a computer-generated one.

___ (Initial) I consent to have a short AI-generated animated video created to visually tell a part of my story.

4. How you will be identified

We deeply respect your privacy. Please initial the option you prefer:

___ (Initial) I agree to have my full name used.

___ (Initial) I prefer to remain anonymous (a pseudonym will be used and any identifying details in the transcript will be removed).

5. Your rights

You have the right to access a copy of your interview. Under GDPR, this data is processed for the purpose of “archiving in the public interest.” You retain your moral rights, meaning your contribution must be properly acknowledged and not be subjected to derogatory treatment.

Agreement and signature:

I have read and understood this form. I agree to the terms I have initialled above.

Narrator’s signature: ___________________ Date: __________

Interviewer’s signature: ___________________ Date: __________

The vital role of community review

It is vital to remember that this AI-generated template is only a starting point. In any real-world project, the next and most important step is to share this draft with community leaders and potential narrators. This collaborative review is not just a courtesy; it is an essential ethical step that embodies the UNESCO principles. It ensures that the language is clear, that the options are respectful, and that the entire consent process aligns with the community’s specific cultural values and preferences, building the trust necessary for a truly successful and ethical heritage project.