23andMe Bankruptcy: How to Protect Your DNA Data Before Asset Sale
23andMe has filed for Chapter 11 bankruptcy, raising critical concerns for its 15 million customers whose genetic data and personal information could be at risk during asset sales.
The company's bankruptcy filing includes potential sale of assets like genetic data, family lineage profiles, and stored biological samples. While 23andMe claims buyers must follow privacy laws, the lack of federal data privacy legislation in the U.S. leaves significant gaps in protection.
According to the company's privacy policy, customer data may be transferred during "bankruptcy, merger, or acquisition" – including sensitive genetic information about ancestry, health traits, and disease markers.
Harvard health law expert I. Glenn Cohen warns that users have minimal control over their data's future. "You may have trusted 23andMe, but you don't get to choose who owns your DNA tomorrow," he explains. The situation is particularly concerning as 23andMe isn't covered by HIPAA protections since customers are considered consumers rather than patients.
How to Protect Your Data:
- Log into your 23andMe account
- Navigate to "23andMe data" in account settings
- Request account deletion
- Wait for confirmation email
Important Notes:
- Biological samples will be discarded
- Some data may be retained for legal requirements
- Published research using your data cannot be reversed
- The company recently suffered a breach affecting 6.9 million customers
The bankruptcy proceedings are moving quickly, with CEO Anne Wojcicki's takeover bid already rejected. Privacy advocates worry that new buyers could modify terms of service and redefine consent parameters, potentially affecting how genetic data is used even if previously opted out of research.
Key Questions Answered:
- Data safety post-bankruptcy: Uncertain, depends on buyer's policies
- Account deletion: Currently possible through account settings
- HIPAA coverage: No, customers are considered consumers
- DNA sale potential: Possible during asset transfer, usually anonymized
Given these developments, experts recommend customers take immediate action to protect their genetic data before the bankruptcy sale proceeds.