The absence of an all-encompassing federal data privacy law in the United States as of 2024 leaves many Americans vulnerable to personal information theft and exploitation. Minors, who are already susceptible to harm, may face heightened data privacy risks due to their online presence. The potential exposure of their private information, coupled with an ever-shifting digital climate, creates a unique intersection of concern. Existing regulations, such as the Children’s Online Privacy Protection Act (COPPA) of 1998, fall short of addressing this critical issue.

The digital landscape encompasses various online platforms, including social media websites, blogging websites, and video-sharing services, where users share information and interact with others. Some social media platforms have become notorious for housing child-related content, specifically Facebook, YouTube, and TikTok. Additionally, parents, guardians, and social media influencers have become accustomed to sharing their children’s information online, directly compromising their digital privacy. For minors, this shared content often includes intimate details, such as daily activities, home and school environments, and private family gatherings. When minors have a continuous and prolific online presence, which they may not have consented to, their private information becomes easily accessible to the general public, which in turn leads to exploitation and mental health issues. The incessant online presence of minors exposes them to various other risks, including cyberbullying, online harassment, and emotional distress. Their digital footprints can also have a lasting impact, influencing future employment opportunities and interpersonal relationships. The overall emotional well-being of minors can be intricately linked to their online experiences.

Social media trends have created unintended consequences for child privacy. The rise of “kidinfluencers” and family YouTube channels has led to widespread exploitation. A child’s online presence is more than often unconsented and commercially exploited, and as technology advances and the number of social media users increases, the need for online protection for minors grows. Implementing effective laws requires collaboration between policymakers, tech and social media companies, parents, and advocates. Children deserve to have digital experiences that are safe, respectful, and empowering.

This article defines privacy within the digital landscape and addresses the lack of regulation for children whose childhoods often play out on social media for boundless onlookers. Further, this article identifies the social media trends that place children in the unfortunate position of ongoing online exposure. To address the gap in existing legislation, this article introduces a comprehensive federal law that establishes clear guidelines for protecting a child’s personal data online. In addition to a sweeping federal law, this article proposes supplementary ideal solutions, including stricter consent requirements, improved data protection standards, and education and awareness programs.