Pennsylvania, along with nearly 30 other states, has filed a lawsuit against 23andMe, a DNA genealogy company, to prevent the sale of its customers' private genetic data. The lawsuit, filed on Monday (June 9) in the company's bankruptcy proceedings in Missouri, aims to stop the auctioning of around 15 million DNA profiles collected through 23andMe's saliva-testing kits. The states argue that genetic data, health-related traits, and medical records are too sensitive to be sold without each individual's consent.
The legal action follows 23andMe's bankruptcy filing in March, after a decline in consumer demand and a data breach in 2023 that exposed millions of customers' information. According to CNN, New York Attorney General Letitia James emphasized the importance of consent, stating, "23andMe cannot auction millions of people’s personal genetic information without their consent."
In response, 23andMe maintains that the sale is allowed under its privacy policies and applicable law, assuring customers that their rights and protections will remain intact with the winning bidder. However, California Attorney General Rob Bonta's office objected to the proposed asset sale, citing violations of California's restrictions on transferring sensitive genetic material.
The company is considering reopening bidding on its assets after receiving a $305 million offer from its co-founder, Anne Wojcicki, surpassing a previous $256 million bid from Regeneron Pharmaceuticals.