The integration of immersive and extended-reality (XR) technologies into the cultural and entertainment sector compels a renewed and methodologically rigorous examination of the ethical, privacy-related, and regulatory frameworks that govern digital experimentation.
As artistic performances are increasingly documented for research, technological development, or innovative modes of dissemination, the resulting practices raise intricate questions concerning the lawful and ethical processing of personal data, the safeguarding of individual autonomy, and the broader implications of technologically mediated cultural experiences. What emerges is a multidimensional landscape in which the pursuit of innovation must be continuously balanced with the normative imperatives embedded in contemporary human-rights-based and data-protection regimes.
From a normative standpoint, these challenges intersect with multiple sources. Among others:
- the EU Charter of Fundamental Rights, notably Art. 1 (human dignity), Art. 7 (respect for private life), and Art. 8 (protection of personal data);
- the General Data Protection Regulation (GDPR), which codifies key principles such as lawfulness, fairness and transparency (Art. 5(1)(a)), data minimisation (Art. 5(1)(c)), and data protection by design and by default (Art. 25);
- Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108), which emphasises proportionality, necessity, and safeguards for individuals in all data-processing contexts;
Against this substantive regulatory landscape, the concert held on 6th December 2025 at the Rockstadt venue in Brașov (Romania), within the HEAT “XR-Blues” pilot, emerges as a particularly illustrative and proactive case study.
The staging of the event was conceived not merely to acquire material suitable for XR experimentation, but also to construct an ethically grounded immersive environment, consistent with the broader Ethics-by-Design approach endorsed by European research policy (Horizon Europe Ethics Guidelines; European Commission, Ethics Guidelines for Trustworthy AI, 2019), as well as the “Ethics-by-Design” approach formulated within the HEAT Project.
Thus, in accordance with the HEAT “Ethics-by-Design” approach, the technical and spatial configuration adopted for the performance reflects this commitment. The recording equipment was arranged discreetly and integrated harmoniously into the stage design. This deliberate choice served two primary objectives:
- primarly, to preserve the autonomy, spontaneity, and expressive freedom of the performers, in accordance with ethical principles of non-interference and respect for artistic integrity;
- secondly, to safeguard the anonymity and non-involvement of the audience, ensuring that spectators were not inadvertently subjected to data collection and thereby aligning with the principles of necessity and proportionality.
By designing the scenography in a manner that naturally directed the focus toward the performance area while structurally preventing the capture of non-participating individuals, the project also effectively face GDPR issues, operationalised the data minimisation principle (Art. 5(1)(c) GDPR) and demonstrated the practical relevance of Privacy by Design and by Default (Art. 25 GDPR) in a cultural context. These choices also correspond to the requirements of transparency and fairness (Art. 5(1)(a) GDPR), ensuring that only those knowingly and willingly involved in the project were implicated in the recording process.
Taken together, the design strategies implemented in the XR-Blues pilot offer a compelling model for analysing the ethical and legal implications of digital engagement with live artistic events. They highlight how technological innovation can successfully coexist with respect for individual rights, the protection of performers’ expressive freedom, and the preservation of spectators’ privacy. More broadly, they demonstrate how Ethics-by-Design—when anchored in binding legal principles and reinforced by human-rights-based frameworks—can guide the responsible deployment of XR technologies in cultural settings.
