Texas Takes Action to Protect Residents’ Genetic Data
AUSTIN — Texas has asked a bankruptcy court to declare that Lone Star State residents have exclusive rights over their biological sample and genetic data ahead of a hearing to approve the sale of 23andMe’s assets.
The state also wants the court to rule that 23andMe and any purchaser must comply with Texas laws on the sale, transfer or disclosure of biological samples, genetic data and “any other sensitive personality identifiable information and data of Texas residents.”
Background on the Case
“Texas’s strong data privacy laws grant consumers property rights to their genetic information and require companies to obtain user consent before sharing any of this highly confidential data,” Attorney General Ken Paxton said in a statement Thursday.
Paxton this week sued the biotechnology company, which filed for bankruptcy in March. The complaint was filed Monday in federal bankruptcy court ahead of next week’s hearing to approve the sale of 23andMe’s assets, such as genetic data.
Concerns Over Data Privacy
The lawsuit said the company is proposing to sell “an unprecedented compilation of highly sensitive and immutable personal data” to a third party. It refers to the data collected as “exclusively personal and unique,” noting it can be used to identify consumers’ relatives from deceased ancestors to future generations.
“In other words, the magnitude of the data in this proposed sale stretches far beyond the 23andMe consumers, impacting those who have no awareness of the sale as well as humans who no longer exist and do not exist yet,” the complaint said.
23andMe’s Assurances to Consumers
23andMe “repeatedly assured Texas consumers” that their data would be deleted upon request, according to the lawsuit.
“Despite these assurances,” the lawsuit said, “Texas has received complaints regarding the inability of consumers to delete their data, and, to date, Texas has been unable to confirm that information has been deleted.”
Texas’ Objection to the Sale
A spokesperson for 23andMe did not immediately respond Thursday to an emailed request for comment.
Texas objected to the proposed sale in another filing Tuesday, saying it disapproves of it to preserve the rule of law and regulatory interests and to protect Texas consumers from the unauthorized sale, transfer or disclosure of their genetic data to a third party.
“Once the genetic data is disclosed, there is no going back — individuals cannot request replacement DNA strands for themselves, their children, grandchildren, grandparents, and the ancestors who preceded them,” Texas argues in the filing. “It should not be sold, transferred, or disclosed without their permission.”
Protection for Texas Consumers
The attorney general’s office said Texans have a right to request their data be removed from 23andMe’s database and that their genetic sample or results be destroyed. The agency encouraged Texans who experience any issues to file a formal complaint with Paxton’s office.
Conclusion
In conclusion, Texas is taking a strong stance to protect its residents’ genetic data and ensure that companies like 23andMe comply with state laws. The outcome of this case will have significant implications for data privacy and the biotechnology industry as a whole.
Frequently Asked Questions
Q: What is 23andMe and what does it do?
A: 23andMe is a biotechnology company that provides genetic testing services to consumers. It collects and analyzes genetic data to provide information on ancestry, health, and traits.
Q: Why is Texas suing 23andMe?
A: Texas is suing 23andMe to prevent the sale of its assets, including genetic data, to a third party without the consent of Texas consumers. The state is concerned that the sale would violate Texas laws on data privacy and put consumers’ sensitive information at risk.
Q: What are the implications of this case for data privacy?
A: The outcome of this case will have significant implications for data privacy and the biotechnology industry. It will determine whether companies like 23andMe can sell consumers’ genetic data without their consent and whether states like Texas have the authority to regulate the use of such data.
