Attorney General Jason Miyares of Virginia has initiated legal proceedings against 23andMe, challenging the company’s plan to sell the genetic data of approximately 15 million consumers. The lawsuit claims that this action violates Virginia’s laws and 23andMe’s own privacy commitments.
The direct-to-consumer DNA testing company, which filed for bankruptcy earlier this year, intends to sell its data, including biological samples and health-related traits, as part of its restructuring process.
In 2023, Virginia enacted a law requiring companies like 23andMe to obtain express consent from consumers before transferring their DNA to another party. The lawsuit argues that such sensitive information should not be sold without explicit consent and insists on adherence to state laws in any sale of genetic data.
Consumers can delete their 23andMe accounts and personal information by logging into their accounts. Information on how to download and permanently delete consumer data is available on the company’s website. Consumers can also opt out of having their saliva sample and DNA stored or used for research by accessing their accounts.
Joining Attorney General Miyares in this legal action are attorneys general from multiple states, including Arizona, Colorado, Connecticut, Florida, Illinois, Michigan, New York, Pennsylvania, Texas, Washington, and Wisconsin.
