Texas Attorney General Moves to Protect Texans’ Genetic Data in 23andMe Bankruptcy
Attorney General Ken Paxton has filed a motion seeking the appointment of a Consumer Privacy Ombudsman in the 23andMe bankruptcy case. The motion aims to ensure the highly sensitive personal and genetic information of Texans remains protected throughout the company’s Chapter 11 proceedings.
“The importance of safeguarding Texans’ genetic data and preserving their privacy rights cannot be overstated,” said Attorney General Paxton. “We have robust state privacy laws that include data deletion rights, and I would encourage any Texan concerned about their data to exercise the right to have their data securely deleted. I will continue to stand up for Texans’ privacy rights, which is why I’m fighting to have a Consumer Privacy Ombudsman appointed in this case.”
23andMe, a direct-to-consumer genetic testing company, recently filed for bankruptcy in the Eastern District of Missouri. Court documents indicate that 23andMe intends to sell unspecified assets, potentially including the sensitive genetic data of adults and children, health information, and other personally identifiable information.
Paxton’s motion argues that this bankruptcy case presents a unique intersection of bankruptcy law, consumer data rights, and genetic data privacy rights. He asserts that appointing a Consumer Privacy Ombudsman would serve the best interests of both consumers and creditors.
Under Texas law, specifically the Texas Direct-to-Consumer Genetic Testing Act and the Texas Data Privacy and Security Act, Texas consumers have the right to request the deletion of their data from 23andMe’s database and the destruction of their genetic samples or results. Texans can exercise these rights by visiting the 23andMe website to request data deletion, opt for sample destruction, and revoke research permissions: click here to download or request deletion of your 23andMe data.
Texans who encounter issues exercising their rights, do not receive a response from 23andMe, or have other concerns about their data can file a complaint on the Office of the Attorney General’s website.
