Attorney General Paxton Defends Texans’ Privacy Amid 23andMe Bankruptcy

AUSTIN – A press release from the Office of the Attorney General states that Attorney General Ken Paxton has filed a motion to appoint a Consumer Privacy Ombudsman in the 23andMe bankruptcy case. This is done to ensure that the highly sensitive, personal, and genetic information of Texans is safeguarded throughout the bankruptcy proceedings.

“The importance of safeguarding Texans’ genetic data and preserving their privacy rights cannot be overstated,” said Attorney General Paxton. “We have robust state privacy laws that include data deletion rights, and I would encourage any Texan concerned about their data to exercise the right to have their data securely deleted. I will continue to stand up for Texans’ privacy rights, which is why I’m fighting to have a Consumer Privacy Ombudsman appointed in this case.”

23andMe, a company whose services include direct to consumer genetic testing, recently filed for Chapter 11 bankruptcy in the Eastern District of Missouri. According to pleadings filed in the case, 23andMe seeks to sell unspecified assets that potentially include the sensitive genetic data of adults and children, health information, and other personally identifiable information.

Attorney General Paxton’s motion asserts that this case presents an unprecedented situation at the intersection of bankruptcy law, consumer data rights, and genetic data privacy rights. Therefore, the appointment of a Consumer Privacy Ombudsman serves the interests of consumers and creditors.

Under the Texas Direct-to-Consumer Genetic Testing Act and the Texas Data Privacy and Security Act, Texas consumers have the right to request that their data be deleted from 23andMe’s database, and that the genetic sample or results be destroyed. Texans may exercise their rights by going to the 23andMe website where they can request deletion of their data, opt to have test samples destroyed, and revoke permission for their data to be used for research: click here to download or request deletion of your 23andMe data.

Any Texans who experience problems in exercising their rights, do not receive a response from the company, or have other concerns related to their 23andMe data may file a complaint at the Office of the Attorney General’s website.