Texas Attorney General Ken Paxton has filed suit against 23andMe, seeking to protect Texans’ genetic data rights as the company navigates bankruptcy proceedings.
The legal action aims to confirm consumers’ property rights to their DNA information and ensure compliance with state privacy laws.
The case marks the first time a state has argued that citizens hold property rights over their genetic data. It comes as 23andMe’s bankruptcy raises concerns about what happens to millions of DNA profiles.
The personal genomics and biotechnology company filed for Chapter 11 bankruptcy in Missouri’s Eastern District. The firm sought to sell Texans’ private genetic information, health data, and other personal details to potential buyers.
However, Texas law requires explicit consent before genetic data can be sold or transferred. The state’s Direct-to-Consumer Genetic Testing Act and Data Privacy and Security Act grant residents specific protections.
“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,” Paxton said in a press release. “Genetic testing companies have access to massive amounts of critically sensitive personal information, and I will fight to ensure that businesses follow the law and secure Texans’ personal data.”
The lawsuit represents uncharted legal territory in data privacy. No state has previously asserted property rights claims over genetic information in bankruptcy proceedings.
Paxton’s office reminded Texans they can request data deletion from 23andMe’s database. Residents can also demand the destruction of their genetic samples and test results.
Those experiencing difficulties exercising these rights should file complaints with the Attorney General’s office. The state will investigate concerns about 23andMe’s handling of genetic data.
The case highlights growing anxieties about genetic privacy in the digital age. As DNA testing companies face financial pressures, questions mount about safeguarding sensitive biological information.