23andMe Bankruptcy: How to Protect Your DNA Data Before Asset Sale
23andMe recently filed for Chapter 11 bankruptcy, raising serious concerns for its 15 million customers' genetic data privacy. The company's valuable assets, including DNA information, family histories, and biological samples, may be sold to new owners.
While 23andMe promises to follow privacy laws during any transfer, legal experts warn that current protections are inadequate, especially without comprehensive federal data privacy legislation in the U.S.
Key Privacy Concerns:
- Customer data can be transferred during bankruptcy, merger, or acquisition
- Genetic information includes ancestry, health traits, and disease markers
- HIPAA doesn't protect 23andMe customers (considered consumers, not patients)
- New owners could modify terms of service and data usage policies
- Recent breach exposed 6.9 million customer records
How to Protect Your Data:
- Delete your account through "23andMe data" in account settings
- Request disposal of biological samples
- Note that published research using your data cannot be reversed
- Some data may be retained for legal compliance
Important Considerations:
- Bankruptcy proceedings are moving quickly
- CEO Anne Wojcicki's takeover bid was rejected
- Potential buyers include private equity firms and tech companies
- Even "anonymized" genetic data may be included in sales
- Future owners might redefine consent terms
Expert Advice: Harvard health law expert I. Glenn Cohen warns that users have limited control over their data's future. California Attorney General Rob Bonta recommends immediate data deletion before any sale occurs.
For current customers, the choice is clear: either delete your data now or accept the uncertainty of new ownership. Once transferred, your genetic information may be subject to different privacy standards and usage policies.
FAQ: Q: Is my 23andMe data safe after bankruptcy? A: Protection depends on the buyer's policies and practices.
Q: Can I delete my account? A: Yes, through account settings with email confirmation.
Q: Is genetic data HIPAA-protected? A: No, 23andMe users are consumers, not patients.
Q: Can DNA data be sold? A: Yes, during bankruptcy or sale, typically anonymized.
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