The Memorandum of Montevideo

—better known as the Memorandum of Montevideo—was presented in Mexico on December 3, 2009. The aim is to launch this initiative to the Latin American region and to begin a process of socialization and mobilization towards the protection of minors on the Internet. The Federal Institute of Access to Public Information (IFAI) collaborated on the writing of the memorandum and promoted the launch of the document in Mexico as the guarantee institution for data protection. The document’s launch seeks precise, binding commitments from all the actors involved in the protection of children. It also seeks to promote the development and implementation of public policies to protect children and teenagers from the risks they encounter on the Internet, to bring about a culture of personal data protection, and to implement actions towards safe Internet use as a fundamental variable in the construction of a full digital citizenship.

The Memorandum of Montevideo was written at the international seminar, Rights, Adolescents, and Social Networks on the Internet, held in Montevideo, Uruguay last July for the purpose of protecting children in the information and knowledge society sphere. At the invitation of IIJusticia and the International Development Research Centre (IDRC and CRDI), several individuals collaborated on writing the document. Subject-matter experts, members of parliament, academics, data protection authorities, and global non-governmental organizations all participated, in addition to the assistant privacy commissioner of Canada and with the sponsorship of the Canadian government. Taking a holistic approach toward the protection of personal data is an essential idea of the memorandum, which provides a series of recommendations to the actors directly involved in the protection of personal data and children. The recommendations are divided by topics and actors, such as educational authorities and agencies, parliament, the state system, justice authorities, the industry, and social civil society in general.

Although the Memorandum of Montevideo recognizes that the Internet and digital social networks have become invaluable tools for accessing and exchanging information, it also recognizes that both have led to the extreme of what should be considered the balance between the exercise of basic rights on one hand, and risks such as discrimination, sexual exploitation, and pornography on the other. Undoubtedly, the risks that children could encounter on the Internet can affect their well-being and future development. The specific gender and cultural diversity features of Latin America and the Caribbean were taken into account prior to issuing the recommendations, as were the variety of policies and regulations concerning approaches towards the information and knowledge society phenomena, with a particular focus on the Internet and digital social networks. It is important to mention that, to date, Mexico has 27.6 million Internet users, 52 percent of whom are children and youngsters between the ages of 12 and 19. A considerable percentage, it is easy to understand that the memorandum’s recommendations were very much welcome. Distinguished members of the both chambers, the industry, and the state, as well as federal education authorities and social civil society representatives, participated in the event, which had a positive impact on media coverage.

It was an extremely productive encounter. Punctual commitments were reached towards the protection of children while building the culture of personal data protection in Mexico. Members of the industry—particularly Microsoft and Google—were willingly open to add up efforts in the educational and preventive aspects, contributing in the expansion of programs to create a safer Internet and to promote safe and responsible use of new media by children and adolescents. The members of the upper and lower chambers of Mexico’s bicameral legislature underlined the importance of having a specific federal regulation on the subject of data protection towards fully complying with child protection and international standards. Although Mexico has recognized the right to data protection as a fundamental and autonomous right, it has not issued a specific law in the matter. Participants reached several conclusions at the discussion, mainly that data protection—that of children and adolescents included—requires an adequate institutional design in which the IFAI could be the guarantee institution of data protection—as it is already in charge of protecting data in the public archives of the federal executive branch. Civil society representatives from several NGOs emphasized the use of the Internet as highly personal space with benefits and risks. Despite the benefits of online social networks as new social spaces, the networks are not risk-free spaces, especially for children. The evolution of technology has generated a new socialization paradigm because the use of the Internet is no longer passive, but has moved towards a more active role. Therefore, there is a social responsibility to protect and promote a full digital citizenship.

The conclusive arguments underlined the need for actors—particularly those in charge of education—involved in taking responsibility and action, so that safe Internet use is included in the educational agenda, as well as in school-based prevention programs, embedding digital-citizenship education. Finally, the launch of the Memorandum of Montevideo represents a regional initiative aimed at promoting a data protection culture, encouraging public policies, and incorporating the issue into the national and regional agendas. For more information on the Memorandum of Montevideo, go to:

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