23andMe’s recent Chapter 11 bankruptcy filing has sparked significant concerns over the privacy and security of genetic data belonging to its 15 million customers.
Founded in 2006, 23andMe built its business around direct-to-consumer DNA testing, offering insights into ancestry and health risks. However, declining demand, financial struggles, and a major data breach in October 2023, compromising the personal information of almost 7 million users, eroded consumer trust and contributed to the company’s March 2025 bankruptcy filing.
The bankruptcy proceedings have raised alarms about the potential sale of 23andMe’s most valuable asset: its extensive repository of genetic data. Unlike traditional personal data, genetic information is uniquely identifiable and permanent, making unauthorized disclosure particularly consequential. Current federal privacy laws, such as HIPAA, generally do not apply to consumer genetic testing companies, leaving significant gaps in legal protections.
State and federal regulators have weighed in on the implications of 23andMe’s bankruptcy for consumer privacy. While the company’s privacy policy states that genetic data may be transferred in the event of a bankruptcy or sale, consumer advocates and privacy experts warn that such transfers pose significant risks, especially if a buyer seeks to modify consent agreements or lacks strong data security safeguards. Many commentators have urged consumers to take proactive measures, such as deleting their data and requesting sample destruction.
The 23andMe case underscores the urgent need for stronger regulatory frameworks governing genetic data and ensuring that companies handling sensitive health information maintain robust data security practices. As genetic testing becomes increasingly integrated into healthcare and personalized medicine, legal professionals and industry stakeholders must closely monitor developments in data privacy regulations. The outcome of 23andMe’s bankruptcy proceedings could set a precedent for how genetic data is treated in corporate insolvencies, shaping the legal landscape for years to come.
