TN Attorney General Alerts 23andMe Customers of Their Right to Delete Their Genetic Data

NASHVILLE—Tennessee Attorney General Jonathan Skrmetti is alerting customers of genetic testing company 23andMe of their rights to delete their genetic testing results from the company’s database and take other important steps to protect their privacy given the company’s bankruptcy filing on Sunday.

While the company has stated that it will continue its current practices for storing, managing, and protecting customer data, 23andMe intends to sell substantially all its assets as part of the bankruptcy process. Those assets include personal data and DNA samples provided by 23andMe customers, and it is unclear how a purchaser will treat such sensitive information and genetic material.

Due to this uncertainty, General Skrmetti is notifying 23andMe customers of their rights to download their personal data from their account, delete their account, and instruct the company to destroy their biological sample and not use it for research purposes.  

"Our genetic information is some of our most personal data, giving insight about not just us but our families,” said Attorney General Skrmetti. “People trusted 23andMe with their DNA to learn more about who they are, and now the company appears poised to sell that incredibly sensitive data to unknown buyers. Any Tennessee consumer who wants to delete their data and ensure their sample is destroyed should follow the step-by-step instructions provided on our website."

Tennessee’s Genetic Information Privacy Act (GIPA), which went into effect in July 2023, requires companies to protect consumers’ private information and to provide them with the ability to access their data, delete their data and account, and destroy their biological sample. 23andMe’s website offers a process for consumers to modify their preferences to opt out of the use of their genetic data for research.

23andMe customers can find information on how to download a copy of their genetic reports, delete their genetic data from 23andMe, destroy their test sample, and opt out of research here.

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