# Do I need parental consent to keep records for a child I counsel?

URL: https://tymirahealth.com/resources/faqs/do-i-need-parental-consent-to-keep-records-for-a-child-i-counsel
For: Clinicians | Data protection and privacy | Reviewed by Independent clinical reviewer, Registered mental health clinician, Kenya | Last reviewed 8 November 2026

**Answer:** Generally, the Data Protection Act requires a parent's or guardian's consent to process a child's personal data, plus age verification (section 33). However, section 33(4) provides that a provider that exclusively offers counselling or child protection services to a child may not be required to obtain parental consent. Processing must still protect the child's best interests. The ODPC has published draft guidance on children's data. Consider whether your service is 'exclusively' counselling before relying on the exemption.

Sources: Kenya Law: https://new.kenyalaw.org/akn/ke/act/2019/24/eng%402022-12-31 - Office of the Data Protection Commissioner: https://www.odpc.go.ke/wp-content/uploads/2025/05/Draft-1-Guidance-Note-for-Processing-of-Children-Data.pdf

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