Attor­ney Gen­er­al Ken Pax­ton Takes Legal Action Against 23andMe to Pro­tect Tex­ans’ Rights to Their Genet­ic Information

Attorney General Ken Paxton has filed suit in the ongoing 23andMe bankruptcy case to obtain a judgment confirming Texans’ right to their genetic data and requiring 23andMe to comply with Texas’s data privacy laws.

“Texas’s strong data privacy laws grant consumers property rights to their genetic information and require companies to obtain user consent before sharing any of this highly confidential data,” said Attorney General Paxton. “Genetic testing companies have access to massive amounts of critically sensitive personal information, and I will fight to ensure that businesses follow the law and secure Texans’ personal data.”

23andMe, a company offering direct-to-consumer genetic testing, recently filed for Chapter 11 bankruptcy in the Eastern District of Missouri. As a part of those proceedings, 23andMe sought to sell Texans’ private genetic information, health information, and other personally identifiable information to a future purchaser of the company's assets. 

However, Texas law protects against the unauthorized sale of genetic information, and companies must obtain Texans’ separate express consent to sell, transfer, or otherwise disclose their genetic information to any potential buyers. In this first-of-its-kind case, Attorney General Paxton is arguing that Texans have property rights over their own genetic data. 

Attorney General Paxton also reminds Texans that under the Texas Direct-to-Consumer Genetic Testing Act and the Texas Data Privacy and Security Act, they have the right to request that their data be deleted from 23andMe’s database and that the genetic sample or results be destroyed. 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 with the Office of the Attorney General.