Kids Privacy Will Remain Bipartisan Focus in 2026; Federal Law Doubtful

Kids privacy is “not a red or a blue issue” and “states of every stripe are looking to protect kids online, and I think we'll continue to see that,” said Laura Riposo VanDruff, consumer privacy, data security, and consumer protection lawyer at Kelley Drye. There will be a federal push, too, she added.

“A number of states … extended protections” in 2025 to minors, such as Montana (see 2505120005 and 2509300014) and Connecticut (see 2505140055 and 2505140067), and “we may see enforcement of those laws going forward.”

The Kelley Drye attorney said a "growing consensus" is that there are "consequences for children whose use of the internet isn't mediated” and more needs to be done to protect them. The problem, though, is that "different states are taking different approaches,” which can present “real challenges for businesses.”

Still, since the goal is protecting kids, even older children, VanDruff believes “a consensus position” on proceeding could emerge “down the line.”

Susan Duarte, a privacy lawyer at Marashlian & Donahue, agreed that kids privacy “seems ... a hot-button topic … as it should be.”

Still, she and VanDruff have little confidence in seeing passage of the nearly 20 kids privacy and safety bills pending at the House Commerce Committee (see 2512020059).

For VanDruff, there's “significant material differences between the House and Senate approaches to those bills,” with “preemption ... at the top of the list.”

Similarly, Troutman lawyer Dave Navetta said he has “no faith in … the federal process” at the moment. Still, he believes child privacy and online harms represents “one of the places with some level of commonality” between the two political parties. As such, Navetta thinks some federal results could occur. If any federal privacy legislation passes, “it’s going to be" on children.

Accordingly, he agreed with VanDruff and Duarte that kids privacy likely will remain active in the states and federally, in part because it's “optically easy.” It’s something legislators can take “back to their constituents and say, ‘Well, hey, [we’re] protecting children from these so-called evil companies and this [allegedly] addictive … activity that they're engaged in.'" It makes for “an easy win.”

Still, kids privacy has been “an area where companies that have been comfortable with COPPA … are really going to need to reconsider their approach,” VanDruff said. COPPA has “been on the books for a generation,” but with the new rule (see 2504210025), companies must pay attention to “minors, not just [users] under 13,” on their sites and services.

She said this “significant change” will “affect how things are going operationally.”

But concerning other bills now before Congress, VanDruff predicted “things that stood in the way of comprehensive privacy legislation” could “also stand in the way of kids legislation.” But “that will not flow down to states.”

Julie Rubash, chief privacy officer for compliance vendor Sourcepoint, said that child privacy will be significant from a regulatory point of view in 2026 as well. “It's a really high priority for a lot of regulators,” and “we'll continue to see both legislation and regulation.”

She noted, however, that “it's messy” given how “many challenges to the laws” there are, so it will be interesting to see it play out.

VanDruff agreed that there will be “enforcement in the children's space” in 2026, that may not be “limited to the states.” She cited the FTC’s “workshop on age assurance technology” in January as a sign of its "continued interest in protections for youth online.”

“The FTC hasn't been shy in flexing its COPPA authority to protect kids online, as well as using other authorities for children over 13,” VanDruff said, noting the Epic Games settlement as an example (see 2506240055).