Attorney General Miyares files lawsuit against 23andMe’s plan to sell personal data following bankruptcy

Attorney General Miyares files lawsuit against 23andMe’s plan to sell personal data following bankruptcy

RICHMOND, Va. (WRIC) -- Attorney General Jason Miyares is taking legal action against 23andMe's plan to sell people's data, with the aim of protecting Virginians, just a couple of months after the company filed for bankruptcy.

Miyares has filed a lawsuit and separate objection to 23andMe's plan to sell 15 million customers' data without their consent or knowledge, according to a release from June 10.

This news comes two months after 23andMe, a genetic testing company that collects and analyzes customers’ genetic information, announced that it filed for bankruptcy on March 23.

Following the bankruptcy filing earlier this year, Miyares urged Virginians to understand their rights regarding genetic data. The company, which filed for Chapter 11 bankruptcy, led to notable privacy concerns among both users and cybersecurity experts.

“Virginia law requires a consumer’s explicit consent before a company like 23andMe can transfer their genetic data,” said Attorney General Jason Miyares. “My Office will ensure that Virginians have a say in what happens to their most sensitive personal information.”

In 2023, Virginia passed a genetic data privacy law that grants Virginians rights regarding the genetic data they provide to direct-to-consumer genetic testing companies, such as 23andMe.

The filings argue that this type of biological information is "too sensitive to be sold without each person’s express consent," and that the DNA testing company should follow state laws if they were to try to sell genetic data.

If you want to delete your 23andMe account and personal information, you can find all the information by clicking here. You can also opt out of having your saliva sample and DNA collected by the company and withdraw consent for their data to be used for research, according to the release.

Miyares is joined by attorneys general from at least 20 other states.