Purpose - The purpose of this paper is to estimate open access penetration ratios through cross-analysis of existing social context and open access indicators in Latin America. Design/methodology/approach - The following parameters were used to characterize the chosen countries. On one hand, it takes social context indicators like digital opportunity index (DOI), GDP 2007 (Organization for Economic Co-operation and Development) (www.oecd.org/home/3305,en_2649_201185_1_1_1_1_1,00.html), scientific output 2005, and investment in science and technology vs GDP 2004. On the other hand, it analyses open access indicators considering the two main open access strategies - the green and gold routes - and the existing legal framework. Findings - This paper discusses the evolution of DOI and compares with open access parameters (numbers of repositories, number of registries in repositories, DOAJ journals and number of creative commons licences) in the context of scientific information in developing countries in Latin America. Research limitations/implications - This paper is not an exhaustive survey and limits the comparison to the Latin American Countries, focalized in Brazil, Chile and Argentina. Originality/value - This paper gives an overview of the situation of three particular countries: Brazil, Chile and Argentina, and explains the position of these countries in the open access movement in Latin America. © Emerald Group Publishing Limited.