Attorney General Jason Miyares has filed a lawsuit and separate objection to 23andMe’s plan to sell the personal genetic data of roughly 15 million consumers without their knowledge or consent in violation of Virginia law and the company’s own privacy commitments to consumers.
23andMe, a popular direct-to-consumer DNA testing company, filed for bankruptcy earlier this year. As part of its restructuring, it is attempting to sell off its data—including biological samples, DNA results, and health-related traits—to the highest bidder.
“Virginia law requires a consumer’s explicit consent before a company like 23andMe can transfer their genetic data,” said Attorney General Jason Miyares. “My Office will ensure that Virginians have a say in what happens to their most sensitive personal information.”
In 2023, Virginia passed a genetic data privacy law which requires a direct-to-consumer DNA testing company to receive the express consent of the consumer before transferring their DNA to another party.
The filings argue that this type of information, like biological samples, DNA data, health-related traits, and medical records, is too sensitive to be sold without each person’s express consent and that state laws must be followed if a sale of genetic data were to occur.
Consumers currently can delete their 23andMe account and personal information by logging into their 23andMe accounts. As of the timing of this release, the company has posted information about how consumers’ information can be downloaded and permanently deleted here. Consumers can also currently access their accounts to opt out of having their saliva sample and DNA stored by the company and to withdraw consent for their data to be used for research.
Joining Virginia Attorney General Jason Miyares in this lawsuit are the attorneys general from 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, Washington, West Virginia, and Wisconsin.