Oregon Sues to Stop Sale of Personal DNA Data in 23andMe Bankruptcy
A bipartisan coalition of 28 states, including Oregon, filed a lawsuit on behalf of consumers, objecting to the bankruptcy sale and proposed sale of personal genetic information collected by 23andMe.
The database contains personal information for approximately 15 million users.
Oregon Files Lawsuit To Protect DNA Data In 23andMe Bankruptcy Case
23andMe, a well-known direct-to-consumer DNA testing company, is seeking to sell off its assets in a high-stakes auction after filing for bankruptcy.
These assets include sensitive genetic and health data. Oregon AG Dan Rayfield said, “People did not submit their personal data to 23andMe thinking their genetic blueprint would be sold off to the highest bidder.”
The coalition argues that customers should have the right to control such deeply personal information and says it can’t be sold like ordinary property.
The complaint and a separate objection to the bankruptcy sale, filed in federal bankruptcy court on June 9, seek to prevent 23andMe from auctioning off its customers’ private genetic data to the highest bidder without their knowledge or consent.
In the lawsuit, the states argue that biological samples, DNA data, health-related traits, and medical records are too sensitive to be sold without each person’s express, informed consent. Should the buyers refuse to give their consent, the information will likely be unable to be sold.
The lawsuit seeks to help ensure that people’s genetic data isn’t misused, exposed in future data breaches, or used in ways 23andMe users never contemplated when they signed up to have their DNA analyzed. Rayfield said, “This isn’t just data – it’s your DNA. It’s personal, permanent, and deeply private.”
If you gave your DNA to 23andMe, you can delete it to prevent it from being sold. AG Rayfield issued a 23andMe consumer alert that sets out how to:
- Delete Genetic Data from 23andMe
- Destroy Your 23andMe Test Sample
- Revoke Permission for Your Genetic Data to be Used for Research