Customers urged to destroy DNA samples, data after 23andMe files for bankruptcy

SALT LAKE CITY (KUTV) — The security of genetic data for millions of 23andMe customers is in limbo and potentially at risk as the company has filed for Chapter 11 bankruptcy protection and is seeking a new owner.

The company, which is struggling financially, made the announcement Sunday, stating it is looking to sell "substantially all" of its assets through a court-approved reorganization plan, according to a report by The Associated Press.

The Utah Division of Consumer Protection and private security experts, including Chris Nottingham of Check Point Software Technologies, are urging customers of 23andMe to request that their data and DNA samples be deleted and destroyed by the company. Customers can also rescind their consent to allow the use of their data for medical research. For step-by-step instructions, click here.

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Nottingham said there are many unknowns about what will happen to customer genetic data if the company is sold.

"There's no restriction on what type of organization can come in and buy that data and how they will use it after they've purchased it," he said.

While federal laws like HIPAA and the GINA Act protect consumers' health information when it's provided to healthcare organizations like hospitals, there are nearly no protections when consumers give their DNA or genetic information to other businesses.

"This is a real wake-up call," said Nottingham, expressing the urgent need for more laws to protect consumers in this realm.

In 2023, 23andMe was the target of a data breach that compromised the information of millions of customers. While no evidence exists that criminals used the information to harm customers, Nottingham said it's not for a lack of trying.

"I think it's just the fact that they haven't figured out how to use this data in a scam to either extort money from individuals or companies and sell it for profit, like they do with stolen credit cards or identity information," he said.

When asked if he'd ever give a DNA sample to a company to learn his family history, Nottingham firmly said he would not.

"Until we have laws to control how it's used, that is not something I feel safe with," he said.

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