'Right to take control': AZ AG delivers stark warning about popular genetic testing company

27 March

On Sunday, March 23, 23andMe — a Northern California tech company best known for direct-to-consumer genetic testing — filed for Chapter 11 bankruptcy. Now, Arizona Attorney General Kris Mayes is urging residents of her state to protect themselves by demanding that 23andMe remove their data.

In a March 25 post on X, formerly Twitter, Mayes wrote, "Attention Arizonans. Because of 23andMe’s current financial situation, I urge Arizonans to consider invoking their rights under Arizona law and request a deletion of genetic data held by 23andMe."

The Arizona Democrat, in a separate March 25 tweet, posted, "Under Arizona law, you have the right to take control of your genetic data and request a company delete it. Follow these steps from my office to delete your 23andMe account and personal information."

Mayes, in a March 25 press release, laid out the steps Arizona residents can take if they want 23andMe to remove their genetic data.

The press release explains, "If you previously opted to have your saliva sample and DNA stored by 23andMe, but want to change that preference, you can do so from your account settings page, under 'Preferences'…. If you previously consented to 23andMe and third-party researchers using your genetic data and sample for research, you may withdraw consent from the account settings page, under 'Research and Product Consents.'"

Weeks before 23andMe's Chapter 11 announcement, three law professors — Sara Gerke, Melissa B. Jacoby and Glenn Cohen — addressed privacy concerns involving the company.

In a March 1 article published by the New England Journal of Medicine, they warned, "If 23andMe goes bankrupt, these data will most likely be sold to the highest bidder, a successor company that customers might not want to entrust with their genetic data."

Arizona Republic reporter Karen Bartunek, in an article published on March 26, noted the privacy rights that Arizona residents have under state law.

According to Bartunek, "Arizona's Genetic Information Privacy Act (House Bill 2069) became effective on September 29, 2021, mandating direct-to-consumer genetic testing companies to adhere to specific consent requirements and privacy policies. Included under the Arizona Genetic Information Privacy Act is the right to delete the consumer’s account and genetic data as well as the right to request and obtain the destruction of the consumer’s biological sample.

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