Digital Privacy Laws for Minors: What You Should Know

With the rapid growth of technology—and now the rise of artificial intelligence—it's becoming harder for lawmakers to keep up. Rules about how we use the internet, especially how teens and children interact with digital platforms like TikTok or Instagram, are still developing. Even adults in Congress often can’t agree on how much regulation is enough. But one thing is clear: protecting minors online is a major concern.

This article will break down the basic laws that protect your privacy as a young person online. We’ll also take a look at how artificial intelligence (AI) could change these protections in the near future.

What Is Digital Privacy?

Digital privacy means your personal information—like texts, photos, search history, or app data—should be protected when you use the internet. It also means companies and the government shouldn’t access this data without a good reason.

Even though digital privacy is a newer issue, it connects to a much older law: the Fourth Amendment of the U.S. Constitution. This amendment protects people from “unreasonable searches and seizures,” which today includes searching phones, email, and other digital property without a warrant.

Why Digital Privacy Matters for Teens:

A national survey showed that 74% of Americans believe it’s important to control who can access their online information. Even though this includes people of all ages, it shows that privacy matters to most people. Teens especially live much of their lives online—whether it’s through social media, school websites, or mobile apps—which means they need extra protection.

Laws That Protect Digital Privacy for Minors:

1. Electronic Communications Privacy Act (ECPA) – 1986

This federal law protects your private conversations—like texts, emails, and phone calls—from being secretly accessed. It’s illegal for people or the government to listen in or read private messages without legal permission, such as a warrant.

Example: If someone secretly records your phone call without you knowing, they’re breaking this law.

2. Children’s Online Privacy Protection Act (COPPA) – 1998

This law protects kids under the age of 13 when they use websites or apps. It requires companies to:

Ask for parental permission before collecting data from children

Explain in a privacy policy how they use that data

Let parents view or delete their child’s personal information

Example: When a game or app asks your parent to check a permission box before you can create an account—that’s COPPA in action.

So, Can Schools Search Your Phone?

Even though you have digital privacy rights, schools are an exception in some cases.

In the 1985 case New Jersey v. T.L.O., the U.S. Supreme Court ruled that school staff don’t need a warrant to search a student’s belongings. They only need reasonable suspicion that a rule or law has been broken. That includes your backpack—or possibly even your phone—if there's a clear reason to check.

Example: If a teacher believes you were using your phone to threaten another student, the school might be allowed to look through it.

How Artificial Intelligence Could Affect Digital Privacy:

AI systems now help run many apps and platforms. These systems can:

Predict what you’ll click or watch

Create personalized content using your data

Monitor your behavior in real time

But this raises big questions:

Should AI be allowed to collect and analyze a minor’s data?

What happens if AI makes decisions about kids that aren’t fair or safe?

How can laws protect young people when technology is moving so fast?

Right now, most digital privacy laws don’t mention AI, but experts say that needs to change soon

What You Can Do:

Here are a few steps you can take to protect your digital privacy:

Don’t overshare on social media

Check your privacy settings regularly

Be cautious about what apps you download

Ask an adult if you’re unsure what a policy means

Remember: your data is your personal property. Just like no one should take your stuff without permission, no one should take your data either.

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Sources

* Congressional Research Service. (2023). Federal Data Privacy Laws: https://crsreports.congress.gov/product/pdf/R/R46731

* Pew Research Center. (2019). Americans and Digital Knowledge https://www.pewresearch.org/internet/2019/11/15/americans-and-digital-knowledge/

* U.S. Constitution, Amendment IV.

* Electronic Communications Privacy Act, 18 U.S.C. §§ 2510–2523 (1986).

* Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506 (1998).

* New Jersey v. T.L.O., 469 U.S. 325 (1985).

* Federal Trade Commission. (n.d.). Children’s Online Privacy Protection Rule ("COPPA"). https://www.ftc.gov/legal-library/browse/rules/childrens-online-privacy-protection-rule-coppa