Texas Attorney General Ken Paxton is taking steps to defend the privacy of Texans' genetic data amidst the recent 23andMe bankruptcy filing. In a move that recognizes the delicacy of personal health information, Paxton has filed a motion to introduce a Consumer Privacy Ombudsman into the proceedings. This step aims to ensure that the genetic information, which includes potentially sensitive data about adults and children, is properly protected against misuse or unauthorized access, according to the Office of the Attorney General.
In a quote obtained by the Office of the Attorney General's website, Attorney General Paxton enunciated, "The importance of safeguarding Texans’ genetic data and preserving their privacy rights cannot be overstated. We have robust state privacy laws that include data deletion rights, and I would encourage any Texan concerned about their data to exercise the right to have their data securely deleted." He pledges to continue advocating for the rights of Texas residents.
The legal action by Paxton reflects concerns raised by the bankruptcy case in the Eastern District of Missouri, where 23andMe has sought to sell assets that might include sensitive genetic and health information. This information is not only personal but also carries the essence of an individual's identity and potential medical future, raising the stakes for how it is handled during company restructuring.
Under the Texas Direct-to-Consumer Genetic Testing Act and Texas Data Privacy and Security Act, individuals in Texas have the right to request the deletion of their genetic data from 23andMe's databases. Texans may initiate this by visiting 23andMe's website to download or request deletion of their data, destroy test samples, and withdraw consent for the use of their data in research. Yet, Texans who face difficulties exercising these rights, don't receive a response from the company, or have other related concerns, should file a complaint directly through the Office of the Attorney General's website.
The intersection of consumer protection, privacy rights, and bankruptcy law presented by this case is uncharted territory, as highlighted by the Office of the Attorney General. The appointment of a Consumer Privacy Ombudsman could serve as an important precedent on how consumer genetic and health data are treated during a company's financial demise. As the case unfolds, it will undoubtedly be observed closely — not just by those in Texas, but by the wider public concerned with the protection of their most personal data.
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