Attorney General Ken Paxton is making headlines with his latest move in the tech world. This time, he’s set his sights on 23andMe, the genetic testing company that's currently wading through bankruptcy proceedings. Paxton is demanding through legal action that the rights of Texans to their genetic data be recognized and protected under the state's privacy laws. His suit filed in the Eastern District of Missouri is a clear statement against what he views as the unlawful handling of sensitive information.
The legal battle has Paxton fighting to make certain that 23andMe respects Texas law, which necessitates user consent before sharing any personal genetic data. "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," Paxton said, in effect drawing a line firmly in the sand to protect personal privacy, as reported by the Office of the Attorney General.
As 23andMe struggles with its financial woes, it sought to liquidate some of its assets, including the personal genetic information of its users. The problem? Texas law prohibits unauthorized sale or transfer of this kind of data without clear, express consent from individuals, turning what 23andMe might have considered a simple asset sale into a legal quagmire. Paxton's lawsuit is groundbreaking in asserting that Texan consumers maintain property rights over their own genetic information—a concept that could reshape the battleground over data privacy.
The Attorney General also took the occasion to remind citizens of their rights under two key pieces of legislation: the Texas Direct-to-Consumer Genetic Testing Act and the Texas Data Privacy and Security Act. According to a statement made by the Office of the Attorney General, "they have the right to request that their data be deleted from 23andMe’s database and that the genetic sample or results be destroyed." Instances in which Texans fail to successfully exercise these rights, or encounter issues with 23andMe's response—or lack thereof—can escalate the matter by filing a complaint directly with Paxton's office.
