The Senate of the Republic has approved a reform that prohibits public and private schools from using the voice, image, or personal data of girls, boys, and adolescents for commercial purposes without the express authorization of mothers, fathers, or guardians. The measure seeks to close legal loopholes in educational regulations regarding the use of content that affects minors.
The ruling establishes that no educational center may disseminate or use photographs, videos, audios or any personal data of students for advertising, marketing or institutional promotion without prior, informed and written consent. The restriction extends to all dissemination channels, from advertising materials to social networks and school campaigns.
Consent in writing and possibility to revoke it
One of the central points of the reform is that neither general authorizations nor implicit formulas will be valid. The permission must be prior, express, informed, and be in writing. In addition, it may be revoked at any time without that having consequences on the academic situation of the minor.
The reform is based on the principle of the best interest of children, enshrined in the Mexican Constitution and in international treaties, and aims to strengthen protection against the improper use of image and personal data, especially in digital environments and for commercial purposes.
Debate in the Upper House
In the discussion of the opinion, Raúl Morón Orozco, president of the Education Commission, participated, along with Cynthia Iliana López Castro and María del Rocío Corona Nakamura. During the debate, the legislators agreed on the need to increase protection guarantees for childhood against practices that had spread in the educational field.
The text indicates that the use of images or testimonies of students to promote services without family authorization was a common practice, especially in private schools. With this legal modification, the Senate intends to set clear limits on such dissemination and oblige centers to have specific consent before any commercial use.
Next legislative step
After its approval in the Senate, the ruling must continue its legislative processing before an eventual entry into force. If it passes that path, schools will be obliged to adapt their authorization procedures for the use of content in which minors appear.