In the wake of a bankruptcy court approving the sale of DNA testing company 23andMe to a new owner, Attorney General Phil Weiser issued a consumer alert to tell Coloradans that they have the right to delete any genetic and other personal data shared with the company.
“I am committed to protecting Coloradans’ data privacy and fought to ensure anyone who shared their data with 23andMe can delete it at any time,” said Attorney General Weiser. “If you shared sensitive data with 23andMe, thinking only the company would ever have access to it, you need to know that the company no longer exists. If you are concerned about your genetic data being transferred to a new company through this bankruptcy sale, you should know you have the right to delete your data that the company is holding onto. That’s why I encourage anyone who wishes to delete their 23andMe account and any personal data, including their DNA sample, to do so now.”
23andMe and its associated companies filed for bankruptcy on March 23. On June 27, a bankruptcy court approved the sale of 23andMe to TTAM — a nonprofit created by 23andMe founder and CEO Anne Wojcicki.
During bankruptcy proceedings, state attorneys general, including Attorney General Weiser, secured several meaningful consumer protections. Those include that the acquiring entity (TTAM) agreed to allow consumers to permanently delete their 23andMe account and any genetic and other personal data from the 23andMe system at any time. To ensure deletion requests are honored, state regulators will have access to the company’s records for verification purposes.
23andMe was also involved in a 2023 data breach that resulted in hackers stealing personal data from nearly 7 million users. Those who believe the company may owe them money related to that data breach must file a special proof of claim form with the bankruptcy court by today, July 14. The form is available here.
The Colorado Privacy Act also gives consumers several rights over their personal data, including the right to delete their data. The law applies to nonprofits and so will apply to TTAM even after the sale proceeds. An update to the law passed in 2024 that went into effect on July 1 of this year gives consumers even greater rights over their sensitive biometric and genetic data.