Attorney General Kris Kobach issued a consumer alert warning Kansas residents about the recent bankruptcy of 23andMe, a direct-to-consumer genetic testing company. The company filed for Chapter 11 bankruptcy on March 23.
In a press release the company stated, “There are no changes to the way the Company stores, manages, or protects customer data.” However, the bankruptcy raises the risk that 23andMe may attempt to sell Kansans’ genetic data and other private information as part of the bankruptcy proceedings.
“Protecting Kansans’ personal information and genetic data is of the utmost importance to our office. Because of the company’s current financial situation, we encourage Kansans to consider requesting deletion of their genetic data held by 23andMe,” Assistant Attorney General Sarah Dietz said.
Kansas residents should be aware of their rights and the protections for their genetic data under the Kansas Consumer Protection Act (KCPA) and the Wayne Owen Act. Given the sensitive nature of this data, it’s important to understand your rights under Kansas privacy laws, including how to delete your genetic data from 23andMe.
Those who wish to rescind access to their genetic information and request the destruction of their test sample can follow these steps:
To delete genetic data:
- Sign in to your 23andMe account at www.23andme.com.
- Navigate to your profile’s “Settings” section.
- Scroll down to the “23andMe Data” section at the bottom of the page.
- Click “View” next to the “23andMe Data” heading.
- If you would like to keep a copy of your genetic data, download your data before continuing.
- Locate the delete data option.
- Select “Permanently Delete Data”.
- Check your email for a confirmation link and follow it to complete the deletion process.
To destroy your sample:
If you previously chose to allow 23andMe to store your saliva sample and DNA but would now like to opt-out, you can update your settings by going to “Preferences” on your account page.
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.”
Please visit the Office of the Kansas Attorney General’s website for more information on your rights under the KCPA and the Wayne Owen Act, guidance in managing your data, or to file a complaint.