28 States File Suit to Stop Sale of Genetic Information in 23andMe Bankruptcy Case

The firm seeks to auction off the private genetic data of about 15 million customers without their knowledge or consent, Arizona’s attorney general says.

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A bipartisan coalition of 28 states has filed a lawsuit seeking to stop the proposed sale of personal genetic information collected by 23andMe.

Filed on June 9 in federal bankruptcy court, the complaint and a separate objection to the bankruptcy sale seek to prevent 23andMe from auctioning off the private genetic data of roughly 15 million customers without their knowledge or consent, according to a news release from Arizona Attorney General Kris Mayes.

“Arizonans trusted 23andMe with some of the most sensitive and personal data they possess—their genetic information,” Mayes said in the release. “They didn’t sign up to have that information sold off in a bankruptcy auction. My office is fighting to ensure that deeply personal genetic data isn’t treated like a used car or office furniture and auctioned off to the highest bidder.”

The direct-to-consumer DNA testing company filed for bankruptcy and wants to auction assets  including sensitive genetic and health data, according to the release. The states that filed the lawsuit, including Arizona, seek to protect customers’ rights to control the information and prevent it from being sold like “ordinary property,” the release stated.

According to the lawsuit, this information — biological samples, DNA data, health-related traits, and medical records — is too sensitive to be sold without each individual’s express, informed consent. The states are seeking to ensure that people’s genetic data isn’t misused, exposed in future data breaches, or used in ways customers never contemplated when they signed up to have their DNA analyzed, according to the release.

Other participants in the legal action include the attorneys general of Arizona, Colorado, Connecticut, the District of Columbia, Florida, Illinois, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, New Hampshire, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.

A copy of the lawsuit is available here.

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