RICHMOND, Va. (WWBT)—As a popular genetic testing company files for bankruptcy, Attorney General Jason Miyares wants to ensure Virginians know their rights regarding their genetic data.
On Sunday night, 23andMe filed for bankruptcy in Missouri federal court.
The company provides DNA testing kits, which allow people to examine their family history and genetic profiles more closely.
In light of this situation, the company said this will not impact how it stores, protects, or manages customers’ data, but Miyares said Virginians have rights.
“A lot of people have an interest on their background and maybe where they came from. A lot of individuals have sent samples of saliva or hair to these genetic companies,” he said. “We like to say we’re the people’s protector, that means also protecting your genetic data and your privacy.”
Under a state law passed in 2023, Miyares said Virginians have the right to demand that the company delete their genetic data and destroy biological samples within 30 days of receiving the request.
“Your genetic data, that’s your genetic footprint, and it says so much about yourself and your possible, not just genetic history, but medical history,” he said. “We absolutely encourage anybody who has a concern to make a request, and they can absolutely request that data is now deleted; it’s no longer in their control, and they’re not allowed to transfer it or sell it to anyone else.”
If there’s evidence that 23andMe is not complying with your request, you can file a complaint with the Consumer Protection Division within the Attorney General’s Office.
“We issue something called a CID, that’s like a civil subpoena requiring information,” he said. “If we decide to then bring a court case, if it’s something where they just inadvertently did it, each separate action is a $1,000 fine. If it’s shown to be deliberate and willful, it’s $10,000 per offense.”
If you have a 23andMe account, you can also log in and opt out of having your saliva sample and DNA stored by the company. Customers also have the option to withdraw consent for the company to use their genetic data for research.
For more information about how to download your data and permanently delete your account on 23andMe, you can click here.
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