Do Kids Have Digital Privacy | U.S. Laws & Parental Control

Do Kids Have a Right to Digital Privacy? Understanding U.S. Laws


2025-10-10

Do Kids Have a Right to Digital Privacy? Understanding U.S. Laws

In the U.S., kids have partly laws for digital privacy but they are mostly realized through tech platforms’ regulations. While children are safeguarded from data collection by many platforms/companies/websites under acts like COPPA and the proposed Kids Online Safety Act (KOSA), parents still have to monitor and keep an eye on children's online activity. The real challenge today is to find the balance between safety and respect for growing independence. In this article, the Spyrix team will discover the insights into the acts and their specifics into kids’ digital privacy.

What “Digital Privacy” Means for Kids

Digital privacy for kids means controlling who, what, and when collects, shares, and uses their personal information. Today’s highly connected world pushes the US legislation to release laws that are devoted to the enhancement of kids’ digital security. The primary reason for this is non-appropriate age when kids start using Youtube, creating social media accounts, and connecting strangers in online games. Every app they install, every account they open, and every post they make adds to a growing trail of data.

However, laws are not absolute in protecting kids online. Parents play a crucial role in this issue and are to monitor and guide what their kids are doing online. This implies the use of parental control, tracking location, or access limit to harmful websites. Still, as children grow, so does their need for autonomy and respect.

Currently, the laws regulate and protect minors under 13 years of age. COPPA regulates what kids’ personal data websites collect and share, while 13-17 years old teens fall into a gray layer where minors' privacy online rights are less defined. This gap is aimed to be filled with the KOSA.

Parents’ Legal Authority vs. Children’s Privacy Rights

Legally, parents are obliged to monitor kids’ digital activities. Moreover, the law assumes that parental control is part of ensuring a child’s safety, not a violation of their privacy.

For instance, most US courts have balanced that kids' privacy rights and a parent’s authority to check texts, review social media, or use parental monitoring apps. It’s caused by the inability of minors to fully estimate the situation they face. So, parents should apply extra services to protect kids from potential online threats such as cyberbullying, inappropriate content, excessive screen time.

Parents should clearly understand that overcontrol may have negative consequences. Overuse of monitoring tools can undermine trust, making children feel watched rather than protected. That's why experts recommend transparent digital monitoring - telling children what's being tracked, why it matters, and when the monitoring will stop.

In short, the rights of parents for digital freedom and parents’ responsibilities to track their activities are more about balance, not conflict. When digital privacy for minors is built on communication, not control, monitoring becomes a tool for safety - not surveillance.

Aspect Parents’ rights Children’s rights Legal basis / context
Online activity monitoring Parents may monitor, access, or restrict a child’s Internet and device use to ensure safety. Children have limited privacy expectations from parents but deserve age-appropriate transparency. Parental authority under state family laws; no federal restrictions on home monitoring.
Personal data access Parents can view or manage a minor’s data, including social media accounts or device logs. Children may request privacy for personal messages as they grow older, but this is not legally enforceable. Family law & parental responsibility doctrines; they varies by state and context.
Consent to data collection (online services) Parents must give verifiable consent before websites or apps collect data from children under 13. Children under 13 cannot legally consent themselves; teens 13–17 gain partial consent rights. COPPA (Children’s Online Privacy Protection Act).
Location and app tracking Allowed for protection and supervision purposes. Children may feel violated if tracking is constant or secret. Ethical transparency is encouraged. No specific ban; governed by parental discretion and ethical standards.
Educational technology use Parents can review data collected by schools or learning platforms. Students have privacy protections under FERPA for educational records. Family Educational Rights and Privacy Act (FERPA).
Data protection by online platforms Parents can demand deletion or review of data collected from a child under 13. Children gain indirect protection through limits on company data collection and targeted ads. COPPA, state data privacy laws (CA, UT, FL).
Social media accounts Parents can monitor or delete child accounts in most cases. Teens may have emerging rights in some states to control or delete their digital profiles. Evolving state laws (e.g., California Age-Appropriate Design Code).
Legal responsibility Parents are responsible for their child’s online behavior and harm to others. Children are generally not held legally liable for online actions until age 18. Parental responsibility laws (state-specific).

The Laws That Actually Govern Kids’ Online Privacy

Today, the Spyrix team will highlight two acts that belong directly to the digital kids’ privacy known as COPPA and KOSA.

Law / regulation Scope / who it covers Main provisions Applies to Key goal
COPPA – Children’s Online Privacy Protection Act (1998) Children under 13 years old
  • Requires verifiable parental consent before collecting, using, or sharing personal data.
  • Mandates clear privacy policies explaining what data is gathered and why.
  • Gives parents the right to review and delete a child’s data.
  • Limits targeted advertising and geolocation tracking for kids.
 Websites, mobile apps, and online services directed to children or knowingly collecting info from kids under 13. Protect children under 13 from uncontrolled data collection and ensure parental oversight online.
KOSA – Kids Online Safety Act (proposed 2024–2025) Minors under 17 years old
  • Introduces a “duty of care” for platforms to prevent harm to minors.
  • Requires “privacy by default” and limits algorithmic targeting.
  • Demands parental control tools and transparency about content recommendations.
  • Expands protection to teen privacy rights and mental health risks.
 Social media platforms, streaming services, and interactive websites accessible to minors. Create a safe digital environment by shifting responsibility from parents to platforms and enforcing stronger teen data protection.

So, summarizing the above table, we conclude the following:

  • COPPA protects kids under 13 by regulating data collection.
  • KOSA, still pending nationwide adoption, aims to extend these protections to teenagers under 17 and hold tech platforms accountable for online safety and mental well-being.

They both tend to protect kids’ digital privacy and prevent their personal data theft. By the way, most US laws focus on how companies collect and process data from minors, not how parents monitor them.

So, legal regulations are launched to protect kids from potential online threats. But the collaboration with parents allows them to achieve bank-grade digital security.

Final Words

Kids do have the right for digital privacy which is confirmed by the US legislation. Parents are legally allowed to use tools like parental control or GPS trackers to build an online-friendly environment for kids, while laws - protect their personal data. This collaboration is a solution to the data theft and its sharing among illegal websites. COPPA and the pending nationwide adoption of KOSA aim to cover all age groups - under 13 and 13–17 years old.