Latest news with #UCPA
Yahoo
02-04-2025
- Business
- Yahoo
How to protect (and delete) your DNA data after 23andMe bankruptcy filing
SALT LAKE CITY () — The genetic testing company and announced it was looking to sell 'substantially all of its assets.' Here's what experts say that could mean for Utahns. 'Utah's protections for genetic information are more robust than what is available at the federal level,' Clark Asay, Associate Dean and professor of law at BYU Law School, told 'Utah law includes both the Utah Consumer Privacy Act and the Genetic Information Privacy Act.' The (UCPA) and the (GIPA) give Utahns the right to rescind a company's access to their genetic data, request the destruction of their genetic sample, and delete their account, according to the (DCP). LEARN MORE: 23andMe files for Chapter 11 bankruptcy as co-founder and CEO resigns 'If you previously submitted a test sample to 23andMe and wish to ensure that it is no longer stored or used, you have the right to make this request,' the DCP explained in a consumer advisory. It's also possible to delete your 23andMe account directly through your account settings on the company's website. The DCP says 23andMe should automatically discard your sample and opt you out of any research after your account is deleted. 'Under Utah law, you have a right to control your personal data — like the kind that 23andMe has,' Utah Attorney General Derek Brown said. In a , 23andMe said there will be 'no changes to the way the Company stores, manages, or protects customer data' throughout the sale process. However, experts warn that . Sameer Patil is an associate professor at the University of Utah's . He told that it is unclear who may buy 23andMe next, which means it is also unclear what may happen with people's data stored by the company. 'Perhaps you trusted 23andMe, and you shared the data with 23andMe — that same level of trust, whether that's warranted with the next buyer, you don't know that because you don't even know who that next buyer is going to be,' Patil explained. He also said the new buyer's privacy policies and data handling policies may not offer the same protections as 23andMe's policies. 'The whole manner in which this data is stored, shared, used, sold, handled could be completely different from how it is now,' Patil said. 'The big point here is, because there's no guarantee who the next buyer is going to be, you have no idea of evaluating that until you know who the next buyer is going to be.' 'This is a new frontier in terms of bankruptcies,' Brown said. 'This time, the assets are the most sensitive, confidential types of information you can have, which is your genetic fingerprint. And so, it's critical that people understand that, and are aware of their rights as it pertains to this issue.' The Utah Attorney General's Office and the DCP have provided steps you can take to remove your information from the company's databases. The steps to delete your data (as provided in the ) are as follows: 'Sign in to your 23andMe account at 'Navigate to your profile's 'Settings' section. 'Scroll down to the '23andMe Data' section at the bottom of the page. 'Click 'View' next to the '23andMe Data' heading. 'If you would like to keep a copy of your genetic data, download your data before continuing. 'Locate the delete data option. 'Select 'Permanently Delete Data'. 'Check your email for a confirmation link and follow it to complete the deletion process.' It is also possible to change your settings to opt out of allowing 23andMe to store your saliva sample and DNA through the 'Preferences' on your 23andMe account page. You can also withdraw consent to have your genetic information be used by third-party researchers under 'Research and Product Consents,' the DPC said. Asay warned that the company may have 'already secured consent for transferring data to third parties as part of their standard business practices.' That means that it's possible your information or sample has already been shared — but you can still delete your account and samples to keep it from happening after the company is sold. 'As long as 23andMe is complying with their own privacy policies and with the law, they're obligated to delete that information,' Patil said. 'As long as that happens before any sale, merger, acquisition even takes place, then you don't even have to worry about who the new buyer is going to be because your data no longer exists for it to be transferred or sold.' No, genetic data is not protected by the Health Insurance Portability and Accountability Act (HIPAA). Patil said genetic information is not considered health information or a healthcare record. He also said 23andMe is not considered a healthcare provider, so HIPAA doesn't apply. Asay confirmed that HIPAA does not cover genetic data. 'HIPAA applies to entities that transmit 'protected health information' in standard HHS formats (i.e., basically entities that take payment in the form of insurance or government benefits),' Asay told Asay explained that, while Utah has UCPA and GIPA, private citizens cannot enforce those laws — they have to be enforced by the state attorney general. Additionally, the DCP said that the UCPA gives Utahns the right to opt out of allowing companies to sell their data, and the right to obtain a copy of the data you may have previously provided. More information about rights under the UCPA and GIPA is . The Associated Press, Renisha Mall, and Matthew Drachman contributed to this report. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
25-03-2025
- Business
- Yahoo
23andMe begins bankruptcy process — it may be time to delete your data
The biotechnology company 23andMe announced Sunday that company leaders have initiated Chapter 11 bankruptcy and plan on selling the company, raising sensitive data protection concerns. The company maintains that they will continue to 'safeguard customer data' and be 'transparent about the management of user data going forward,' but attorney generals across the U.S., including Utah Attorney General Derek Brown, have released alerts urging 23andMe patrons to delete their data. The Washington Post on Monday reported 'If you're one of the 15 million people who shared your DNA with 23andMe, it's time to delete your data.' 23andMe uses saliva to analyze a user's DNA to provide in depth information on their genetics, ranging from ancestry to potential health risks, as the Deseret News previously reported. However, after a massive data breach in 2023 exposing nearly 7 million customers' personal information over five months, the biotech company's stock has been on the decline. On Monday, the company's co-founder Anne Wojcicki resigned after failed attempts to take the company private, and shares fell 50% to 88 cents, per Reuters. The company is seeking approval from a bankruptcy court to run a 45-day auction to sell off its assets. In the meantime, the company has $35 million to keep day-to-day operations running, according to a 23andMe press release on Sunday. In the case of a change in ownership, the DNA genetic testing company states in their privacy section the following: 'If we are involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your Personal Information may be accessed, sold or transferred as part of that transaction and this Privacy Statement will apply to your Personal Information as transferred to the new entity. We may also disclose Personal Information about you to our corporate affiliates to help operate our services and our affiliates' services,' it states. In a press release, Utah's Department of Commerce's Division of Consumer Protection and the Attorney General's office cited Utahns rights to protect their genetic data, as defined under the UCPA and GIPA. Those rights include the right to rescind access to your own genetic data, the right to request data destruction and the right to delete your own account. 'In light of the company's financial difficulties and the potential risks to your sensitive information, you may want to consider this,' the joint release stated. Similarly, California Attorney General Rob Bonta encouraged people in his state to delete their data and provided steps to take to do so. In a statement, he wrote, 'Given 23andMe's reported financial distress, I remind Californians to consider invoking their rights and directing 23andMe to delete their data and destroy any samples of genetic material held by the company.'
