On March 23, 23andMe, Inc. filed a voluntary petition for bankruptcy with the U.S. Bankruptcy Court for the Eastern District of Missouri. The filing allows 23andMe, Inc. to continue operating the business while it looks for a buyer.
“After a thorough evaluation of strategic alternatives, we have determined that a court-supervised sale process is the best path forward to maximize the value of the business,” said Mark Jensen, Chair and member of the Special Committee of the Board of Directors. “We expect the court-supervised process will advance our efforts to address the operational and financial challenges we face, including further cost reductions and the resolution of legal and leasehold liabilities. We believe in the value of our people and our assets and hope that this process allows our mission of helping people access, understand and benefit from the human genome to live on for the benefit of customers and patients.”
However, concerns are rising over what will happen to personal genetic data if the company sells its business and all its assets.
As a result, more than two dozen state attorney's general, including the District of Columbia, have issued consumer alerts informing residents to consider deleting their data from the website since bankruptcy could force the company to sell their genetic information and risk it being misused.
“California has robust privacy laws that allow consumers to take control and request that a company delete their genetic data,” said California Attorney General Bonta. “Given 23andMe’s reported financial distress, I remind Californians to consider invoking their rights and directing 23andMe to delete their data and destroy any samples of genetic material held by the company.”
On March 26, 23andMe wrote in a press release:
The Court authorized 23andMe to commence a process to sell substantially all of its assets through a Chapter 11 plan or pursuant to Section 363 of the U.S. Bankruptcy Code and approved the bidding procedures associated with the process. To constitute a qualified bid, potential buyers must, among other requirements, agree to comply with 23andMe’s consumer privacy policy and all applicable laws with respect to the treatment of customer data.
As 23andMe’s future remains uncertain, consumers may want to review their options for deleting their data.
To Delete Genetic Data from 23andMe:
- Log into your 23andMe account on their website
- Go to the “Settings” section
- Go to the section “23andMe Data” at the bottom of the page.
- Click “View” next to “23andMe Data”
- Download your data: If you want a copy of your genetic data for personal storage, choose the option to download it to your device before proceeding
- Next, scroll to “Delete Data” section
- Click “Permanently Delete Data”
- Confirm your request: You’ll receive an email from 23andMe; follow the link in the email to confirm your deletion request
To Destroy Your 23andMe Test Sample
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.”
To Revoke Permission for Your Genetic Data to be Used for Research:
If you previously consented to 23andMe and third-party researchers to use your genetic data and sample for research, you may withdraw consent from the account settings page, under “Research and Product Consents.”
Links to state’s press release on 23andMe: Alabama, Arizona, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New York, North Carolina, Oregon, South Carolina, Utah, Vermont, Washington and the District of Columbia
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