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24 October 2024

23andMe Faces Bankruptcy Amid Data Privacy Concerns

Customers worry as genetic data might be sold if company fails, leaving many seeking to delete their information

23andMe, one of the world’s largest biotechnology companies, is teetering on the edge of financial collapse, raising alarm bells about the potential fate of the genetic data it holds for millions of its customers. The company, which was once at the forefront of the genetic testing market, is now grappling with significant financial losses and stark changes at its executive level.

Once seen as a beacon of innovation, 23andMe rode the initial wave of excitement surrounding direct-to-consumer genetic testing. By 2022, the market had ballooned to approximately $3 billion, with 23andMe, AncestryDNA, and MyHeritage collectively storing the genetic profiles of nearly 50 million individuals. Emerging competitors in regions like India and China also began to enter the fray, indicating the broad appeal of genetic testing.

Despite its initial success, the company has experienced drastic declines since its peak following its public listing. Currently, its valuation has plummeted by over 97 percent. A disastrous data breach affecting around 7 million users added to its woes and resulted in a hefty class-action lawsuit settlement costing $30 million. This downturn has culminated in the resignation of all but one of its board members, with founder Anne Wojcicki signaling plans to take the company private once again.

The fallout from 23andMe’s precarious financial situation has sparked fears among its user base, primarily concerning the potential sale of their genetic data should the company fall completely out of business. According to Julien Richard, director of information security at Lastwall, the company’s privacy policy permits the transfer of user data during events such as mergers, acquisitions, or bankruptcies. He notes, “This is worrisome because the data could be transferred to third-parties who may misuse the data or lack adequate protection.”

The issue surrounding user data becomes even more complicated when viewed against the backdrop of Canadian privacy legislation. The Personal Information Protection and Electronic Documents Act (PIPEDA) allows the sharing of personal information during business transactions, stipulating certain conditions must be met. A spokesperson for the federal privacy commissioner clarified this, stating, “The general obligations under PIPEDA would continue to apply to personal information transferred as part of a merger or acquisition.” Users are rightly concerned about how their genetic information, which is difficult to change or erase, might be used without their explicit consent.

This situation has left many wondering what they can do to protect their sensitive genetic data. Experts are urging users to stay vigilant and monitor news about 23andMe’s potential sales or mergers. Deleting personal accounts, as some users may believe, does not guarantee complete removal of their genetic data from the company’s databases. Despite requests to erase such information, 23andMe retains user data to meet legal obligations, including date of birth and gender. Even with account deletion, data tied to research studies may persist.

This retention can affect nearly 80 percent of 23andMe's users, many of whom consented to their genetic data being used for research purposes, often without fully grasping the extent of what sharing such sensitive information entails. Bioinformatician Mark Gerstein of Yale University points out, “Many people do not realize how extensive their genetic information is. Unlike credit card details, which can be changed if compromised, one’s genome, once out there, cannot be reclaimed.” This threatens to reveal personal medical risks and predispositions to various conditions, raising ethical and safety concerns.

Digital rights advocates, including groups like the Electronic Frontier Foundation (EFF), are emphasizing the importance of user awareness and data control. They recommend users take steps to secure their information wherever possible and be cautious about the extent of personal data shared with companies like 23andMe.

Interestingly, 23andMe’s troubles are particularly notable because they arise amid increasing scrutiny of the genetic testing industry as a whole. While many have embraced the idea of learning more about their ancestral roots or potential health risks through these tests, the everyday reality of data privacy issues is becoming alarmingly clear. The company’s struggle serves as a cautionary tale for consumers eager to explore their genetic heritage without appreciating the risks involved.

For potential users contemplating whether to take the plunge with genetic testing or existing users pondering if they should delete their data, the situation sheds light on the pressing need for transparency and stronger privacy protections within the biotechnology sector.

With 23andMe’s future currently uncertain, coupled with regulatory landscapes continually shifting, the question remains: Can users truly trust companies with their most sensitive personal information, or are they entering uncharted waters rife with potential liabilities? The ever-changing dynamics of data security are raising significant concerns about who holds the keys to the genetic vault and how responsible those with access will be with such powerful information. Time will tell how this situation develops, but it is undoubtedly worth watching closely.

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