Before Emma turned five, her face had appeared in over 1,500 photos posted across her mother’s Instagram, Facebook, and TikTok accounts. Her first steps, first words, potty training struggles, tantrums, bath time, and bedtime—all documented and shared with thousands of followers. Her mother, a “mommy influencer” with 200,000 followers, earned $5,000 monthly from sponsored posts featuring Emma.
Emma had no say in any of it. She didn’t consent to her image being used. She didn’t agree to her childhood being monetized. She couldn’t control who saw her photos or how they might be used. By the time she was old enough to understand, her digital footprint was already enormous—created entirely by someone else.
Now, in 2026, Emma is eight years old, and the legal landscape around children’s digital privacy has dramatically changed. Published in April 2025 and enforceable beginning April 2026, updated COPPA rules represent the most substantial revision to children’s privacy law in over a decade, expanding scope to include biometrics, government-issued identifiers, and other high-risk data categories. The rules require explicit, separate parental consent before platforms can share children’s data with third parties or use it for targeted advertising.
But these new protections only apply to platforms, not to parents themselves. The question remains: What rights do children have over their own digital legacy? Who owns the photos, videos, and stories parents share? And how do we balance parental rights with children’s privacy in an increasingly digital world?
This guide explores the complex intersection of children’s digital rights, parental sharing (“sharenting”), privacy laws, and the long-term implications of creating digital legacies for children before they can consent.
The Sharenting Phenomenon
What Is Sharenting?
Sharenting: The practice of parents sharing information, photos, and stories about their children on social media and online platforms.
Typical Behaviors: – Posting photos and videos to social media – Sharing milestones, achievements, challenges – Documenting daily life and routines – Creating public accounts featuring children – Monetizing content featuring children (family vlogging, influencer accounts) – Sharing medical information or struggles – Posting embarrassing moments or meltdowns
The Scale of the Issue
By The Numbers: – Average child has 1,300+ photos posted online before age 13 – Parents share child content an average of 3-4 times per week – 92% of children under 2 have some form of digital presence – Family vlogger channels collectively have billions of views – Mommy influencer industry worth hundreds of millions
Most Shared Content: – First photos (birth, coming home) – Milestones (first steps, words, birthday parties) – School events and achievements – Everyday moments (meals, play, bath time) – Funny or embarrassing moments – Struggles or challenges (tantrums, accidents, medical issues)
Why Parents Share
Common Motivations: – Staying connected with distant family – Documenting memories – Seeking parenting support and community – Sharing pride in children’s achievements – Building influencer careers or income – Validation and social approval – Normalizing parenting challenges
The Good: – Genuine connection with family and friends – Support networks for parents – Reduced isolation, especially for stay-at-home parents – Documentation of childhood memories – Educational content helping other parents
The Problematic: – Oversharing private information – Violating children’s consent and autonomy – Creating permanent digital footprints – Exposing children to risks (predators, bullying, identity theft) – Monetizing children without their consent – Prioritizing content over children’s wellbeing
The 2026 Legal Landscape
Federal: Updated COPPA Rules
Key Changes:
Expanded Protected Data: – Biometric information (facial recognition, voice prints) – Government-issued identifiers – Geolocation data – Health and biometric wellness data – Video, audio, and photographic content of children
Stricter Consent Requirements: The rules require explicit, separate parental consent before platforms can share children’s data with third parties or use it for targeted advertising.
Applies To: – Platforms directed at children under 13 – Platforms with actual knowledge of users under 13 – Third-party services used by child-directed platforms
Does NOT Apply To: – Parents posting about their own children – Family sharing within private groups – Personal blogs or websites
Limitation: COPPA regulates what platforms do with children’s data, not what parents post about their children.
Pending Federal Legislation
COPPA 2.0: – Raise age protection from 13 to 16 – Ban targeted advertising to minors – Establish “eraser button” for minors’ data – Strengthen parental controls
KOSA (Kids Online Safety Act): – Duty of care for platforms – Safeguards for minors by default – Parental oversight tools – Independent safety audits
KOSMA (Kids Off Social Media Act): – Prohibit social media accounts for children under 13 – Require age verification
State Laws Effective in 2026
Multiple state laws will become enforceable in 2026:
Utah (May 6, 2026): Utah’s App Store Accountability Act goes into effect on May 6, 2026, requiring app stores to implement parental controls and age verification.
Texas (January 1, 2026) & Louisiana (July 1, 2026): Similar app store accountability laws.
Minnesota (July 1, 2026): Warning label law requiring platforms to display warnings about mental health risks.
International: EU Developments
GDPR Protections: – Children under 16 (varies by member state) need parental consent for data processing – Right to erasure (“right to be forgotten”) – Data minimization requirements
What These Laws DON’T Cover
Critical Gap: None of these laws restrict parents from posting about their own children. They regulate platforms and companies, not family sharing.
This Means: – Parents can still post unlimited photos – No legal requirement for children’s consent – Monetization of children’s images by parents remains largely unregulated – Children have limited recourse if parents overshare
The Risks of Sharenting
Digital Kidnapping and Impersonation
What It Is: Strangers take photos of children from parents’ public accounts and repost them, often creating fake accounts pretending to be the child or their parent.
Scenarios: – Creating fake adoption or baby-for-sale posts – Pretending to be the child on social media – Using photos for fake family accounts – Roleplaying accounts using real children’s photos
Risk Factors: – Public accounts (anyone can access) – High-quality photos (more convincing for impersonation) – Detailed captions (provide information for convincing stories) – Regular posting patterns (more content to steal)
Pedophile and Predator Risks
The Reality: – Innocent photos (bath time, swimming, gymnastics) are collected by pedophiles – Public accounts make children’s images easily accessible – Geotags and location data reveal where children live, go to school, play – Routine posts reveal predictable patterns
Common Targets: – Young children in innocent but revealing situations – Athletic activities (dance, gymnastics, swimming) – Milestone moments that identify specific children – Photos showing children’s bedrooms or homes
How Predators Use Information: – Create databases of children’s images – Share on dark web forums – Use for grooming or targeting – AI-generated inappropriate content using children’s faces
Identity Theft
Social Security Numbers: Children’s SSNs valuable to identity thieves: – Clean credit history – May go undetected for years (until child applies for credit) – Can be used to open accounts, apply for loans – Combined with overshared personal information (birthdate, address from posts)
Data Points Often Shared: – Full name – Date and time of birth – Birthplace – Address (visible in photos or mentioned) – School name – Activities and routines – Family member names
Combined Risk: Enough information publicly available to answer security questions, open accounts, or impersonate child or parent.
Future Embarrassment and Harm
Permanent Digital Footprint: – Everything posted online can be permanent – Screenshots persist even if original deleted – Future employers, colleges, romantic partners can find content – Children may be embarrassed or harmed by what parents shared
Types of Content That Can Harm: – Potty training struggles or accidents – Medical information or diagnoses – Behavioral problems or tantrums – Embarrassing moments or failures – Overly personal or intimate content – Photos that could be viewed as embarrassing later (naked baby photos)
Real Consequences: – Bullying based on childhood posts – Difficulty getting jobs (employers search online) – Relationship problems (partners find embarrassing content) – Mental health impacts (shame, violation of privacy)
Commercial Exploitation
Child Influencers and Family Vloggers: – Children’s images used to generate income – No requirement to compensate children – Children working without typical labor protections – Privacy sacrificed for profit
Advertising and Marketing: – Photos used in targeted ads (with or without permission) – Children’s data collected and sold – Faces used in AI training datasets – Commercial exploitation without consent or compensation
Children’s Rights and Consent
The Current Legal Status
What Parents CAN Do (Legally): – Post unlimited photos and information about their children – Monetize content featuring their children – Make decisions about children’s digital presence – Control children’s accounts until age 18 (in most states)
What Children CANNOT Do (Currently): – Sue parents for violating privacy (no clear legal right in most jurisdictions) – Demand content removal while minors – Control their own image or information – Receive compensation for commercialized content in most states
Emerging Legal Theories
Some jurisdictions considering:
Right to Privacy: Do children have inherent privacy rights parents violate by oversharing? – Some European countries recognize children’s privacy rights against parents – U.S. law generally sides with parental rights – Emerging advocacy for children’s digital privacy rights
Right to Publicity: When parents profit from children’s images, should children be compensated? – California and some states have “Coogan Laws” protecting child actors – But these don’t apply to influencer children in most cases – Growing movement to extend protections
Future Lawsuits: Legal experts predict children will increasingly sue parents for: – Violation of privacy – Emotional distress from oversharing – Unpaid earnings from monetized content – Damage to reputation or future opportunities
Illinois Example: Illinois enacted law requiring influencer parents to compensate children for content featuring them.
The Consent Question
When Children Can’t Consent: – Infants and toddlers cannot consent to photos – Young children don’t understand implications – Even older children may not grasp permanence – Parental authority typically supersedes child’s wishes
When Children Do Object: – Teens may request parents stop posting – Some parents respect this; others don’t – Legally, parents often have right to continue – Ethically, children’s wishes should matter
Best Practice Evolving: Many experts recommend: – Don’t post photos of children who can’t consent (under 5) – Ask children’s permission starting age 5-7 – Respect “no” from children of any age – Delete content if child requests when older
Guidelines for Ethical Sharenting
Before You Post: The THINK Framework
T – Is it True? Are you representing your child accurately, or creating false narrative?
H – Is it Helpful? Does this post serve your child’s interests, or just your own?
I – Is it Inspiring? Will your child be proud of this someday, or embarrassed?
N – Is it Necessary? Does this need to be public, or could you share privately?
K – Is it Kind? Are you treating your child with the respect and dignity you’d want?
Privacy-Protective Practices
Minimize Face Visibility: – Photograph from behind or side – Focus on activities rather than close-ups – Use creative angles that preserve privacy – Consider emoji faces or stickers (though some find this extreme)
Control Your Audience: – Use private accounts (friends and family only) – Regularly review and prune follower lists – Create closed Facebook groups for family sharing – Use private photo-sharing apps (Tinybeans, FamilyAlbum, Cluster)
Limit Identifying Information: – Don’t tag locations in real-time – Don’t post school names or uniforms – Don’t share routines or schedules – Don’t post birth dates or full names – Don’t share sensitive personal information
Ask Permission: – Get child’s consent when old enough to understand – Respect “no” at any age – Let children review posts featuring them – Delete content if child objects (even years later)
Avoid Sensitive Content: – No bathroom or potty training posts – No content about medical issues without child’s consent – No behavior problems or tantrums – No nudity or partially clothed photos – Nothing you wouldn’t want a future employer to see
For Influencer Parents
Additional Considerations:
Child Labor Laws: – Understand your state’s requirements – Set aside earnings for child (consider Coogan-style account) – Limit filming time (don’t exploit for content) – Prioritize child’s wellbeing over content
Informed Consent: – Explain what you’re doing and why – Get genuine consent, not coerced – Allow child to stop participating – Be honest about money earned
Privacy Boundaries: – Keep some aspects of child’s life private – Allow child to have “off-camera” time – Don’t share everything for content – Respect child’s separate identity
Exit Plan: – Have plan for what happens when child ages out – Set aside money for child – Prepare for potential backlash – Consider child’s future relationship with content
What to Do If Your Parents Overshared About You
For Teens and Young Adults
If You’re a Minor:
Talk to Parents: – Explain how sharing makes you feel – Request specific content be removed – Ask them to stop future posting – Suggest private sharing alternatives
Escalation: – Talk to another trusted adult (grandparent, teacher, counselor) – In extreme cases, consider legal assistance
Limitations: – Parents may have legal right to continue – You may need to wait until 18 for full control
If You’re an Adult (18+):
Request Removal: – Ask parents directly to remove content – Provide specific links to posts – Explain impact on your life – Request they stop future posting
Platform Reporting: – Report content to platforms for removal – Claim copyright (if you took photo or video) – Report privacy violations where applicable
Legal Action: – Consult attorney about privacy violation claims – Consider cease and desist letter – In extreme cases, file lawsuit (though difficult to win currently)
Managing Your Digital Footprint
Content You Can’t Remove:
Damage Control: – Create positive online presence under your real name – Optimize professional profiles (LinkedIn) – Request removal from data broker sites – Build positive content that ranks higher in searches
Professional Image: – Google yourself regularly – Set up Google Alerts for your name – Create professional social media accounts – Proactively share content you’re proud of
Explanation Strategy: – Prepare explanation for employers or partners – “My parents managed my online presence as a child; this doesn’t reflect who I am today” – Most reasonable people will understand
Estate Planning Considerations for Children
Children’s Own Digital Assets
Children Create Digital Content: – Photos and videos they take – Social media posts (once old enough) – Gaming accounts and progress – Creative work (art, writing, music) – YouTube channels or TikTok accounts
Estate Planning Questions: – Who controls children’s accounts if they die? – Who owns creative work children produce? – What happens to monetized accounts? – Who decides about memorialization or deletion?
Parents’ Content About Children
If Parent Dies: – Who controls parent’s social media with child’s photos? – Should content be memorialized or deleted? – Do children have say in what stays public? – What about monetized content featuring children?
Planning Considerations:
Include in Will/Trust: – Designation of who manages your social media – Instructions about content featuring children – Children’s right to request removal when older – Monetized account ownership and earnings
Digital Legacy Contact: – Designate someone to manage accounts – Provide instructions about children’s content – Consider children’s privacy in posthumous decisions
Content Ownership Rights
Who Owns Photos? – Generally, photographer owns copyright – Parent who took photo typically owns it – Child in photo doesn’t own copyright (usually) – Could transfer ownership to child when older
Estate Planning Option: – Transfer ownership of photos to child at specific age – Include in trust for child – Give child control over use and distribution – Specify compensation if content was monetized
Looking Forward: Advocacy and Change
What’s Needed
Legal Reforms: – Children’s right to privacy from parental oversharing – Compensation requirements for monetized child content – “Right to erasure” for content parents posted – Stronger enforcement of existing child protection laws
Platform Changes: – Better tools for limiting child content visibility – Warnings when posting identifiable child photos – Easier removal processes for adults removing childhood content – Restrictions on monetization of child content
Cultural Shifts: – Normalize asking children’s permission – Respect when children say no – Reduce pressure to share constantly – Value privacy over social media presence
Resources and Advocacy
Organizations Working on Children’s Digital Rights: – Common Sense Media – Internet Safety 101 – Family Online Safety Institute – Center for Humane Technology
For Parents: – Digital parenting courses – Privacy-protective sharing platforms – Support groups for reducing sharenting – Family social media agreements
Conclusion: Whose Story Is It?
Your child’s life is their story, not yours to write without their consent. The photos you post, the moments you share, the narratives you create—these become part of their permanent digital legacy, created before they can speak for themselves.
In 2026, the regulatory landscape represents a significant shift toward stronger protections for minors online, with emphasis on parental consent, age verification, and restrictions on addictive design features. But these protections focus on platforms, not parents. The law hasn’t caught up to the ethics of sharenting.
Until it does, we must self-regulate. We must ask ourselves: – Am I posting this for my child’s benefit or my own? – Would my child want this public someday? – Am I respecting their privacy and dignity? – Am I creating a digital legacy they’ll appreciate or resent?
The children being photographed today will be adults tomorrow, navigating digital footprints they never agreed to create. Will they thank us for documenting their childhoods, or will they feel violated by the exposure?
The answer depends on choices we make today—about what we share, how we share it, and whether we center our children’s rights over our own desire for likes, followers, and validation.
Their digital legacy should be theirs to create. Not ours to impose.
Resources
For Parents: – Common Sense Media (sharenting guidance) – Private photo sharing: Tinybeans, FamilyAlbum, Cluster – PRIVO (children’s privacy resources)
Legal Information: – 2026 Readiness: Children’s Online Privacy Laws – State and Federal Minors’ Privacy Developments
For Young Adults: – DeleteMe, Privacy Duck (reputation management) – CCPA/GDPR right to erasure
Sources
- End-of-Year 2025 State and Federal Developments in Minors’ Privacy
- New Laws Regulate How Companies Interact with Children’s Data
- 2026 Year in Preview: Global Minors’ Privacy Predictions
- 2026 Readiness: Navigating Children’s Online Privacy & Safety Laws
- Rewriting the Digital Childhood: 2026 Global Shift
- Children’s Online Privacy Protection Rule (COPPA)
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