Do people have a right to control what happens to a genetic analysis of their own spit? That is the question that attorneys general from 27 states and the District of Columbia are raising in the bankruptcy of the DNA testing company 23andMe. Filing suit Monday to force a judge to determine whether the firm’s customers have an inherent right to their genetic information, the lawsuit questions the ownership and control of sensitive genetic data.
The lawsuit, similar to one filed by Texas, is urging a bankruptcy court to consider complex legal issues beyond just the sale of 23andMe’s assets. The unique and highly sensitive nature of the genetic data collected from over 15 million customers is attracting widespread scrutiny from state officials and Congress.
States argue that the genetic data held by 23andMe — a comprehensive compilation of immutable personal information — cannot be replaced if stolen and could be used to identify and track individuals, including those not yet born. The lawsuit emphasizes that this data’s permanence and sensitivity pose unprecedented privacy challenges.
A 23andMe spokesperson stated that the attorneys’ arguments are
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