OKLAHOMA CITY (OBV) – Oklahoma Attorney General Gentner Drummond signed onto a bipartisan, multistate lawsuit filed in federal court to block 23andMe from selling millions of customers’ private DNA information without their permission.
Drummond and attorneys general from 27 other states filed the lawsuit to protect the genetic data of 23andMe’s approximately 15 million customers.
23andMe, a human genetics and biotechnology company, filed for bankruptcy in March. The attorneys general contend the company’s plan to auction off customers’ genetic data as part of its bankruptcy proceedings violates consumer protection laws.
“Oklahomans trusted 23andMe with their most personal information, and now the company wants to sell that data to the highest bidder without even asking permission,” Drummond said. “This isn’t just another business asset that can be auctioned off. This is deeply personal genetic information that could affect not just customers, but their children and grandchildren for generations to come. We’re taking legal action to ensure that Oklahomans maintain control over their own genetic data.”
23andMe was founded in 2006. It became well-known for providing customers insight into their ethnic ancestry through DNA analysis. Customers sent 23andMe saliva-based DNA samples in company-provided kits. The company analyzed each DNA sample and provided a genetic breakdown of the customer’s ethnic heritage. The company also participated in health research and drug development.
NPR reported that 23andMe struggled to stay profitable after going public in 2021. It laid off 40 percent of its staff and filed for Chapter 11 bankruptcy protection in the Eastern District of Missouri in March, causing concern over customer data privacy.
The lawsuit filed by the attorneys general seeks to guarantee the right of 23andMe customers to control such personal information and prevent it from being sold like ordinary property. It looks to ensure the genetic data is not misused, exposed in future data breaches or used in ways customers did not anticipate, according to officials from Drummond’s office.
Biological samples, DNA data, health-related traits and medical records are too sensitive to be sold without customers’ express, informed consent, according to the lawsuit.
23andMe Holding Co. officials announced in May that the company will be purchased for $256 million by Regeneron Pharmaceuticals, Inc., a biotechnology company that invents, develops and commercializes medicines to treat serious diseases.
Regeneron’s purchase includes all of 23andMe’s assets, including the Personal Genome Service (PGS), Total Health and Research Services business lines.
23andMe representatives say they are committed to protecting sensitive customer data.
“We required anyone bidding for 23andMe to agree to comply with our privacy policies and all applicable privacy laws. This means that Regeneron has agreed that it will process your customer personal data in accordance with the 23andMe consents, privacy policies and statements, terms of service, and notices currently in effect and have security controls in place designed to protect such data,” company representatives said in a statement in May. “Regeneron will comply with applicable laws by providing updated privacy notices when it changes how it uses your data and obtain your consent if required under applicable laws.”
