Utah Attorney General joins 23andMe lawsuit objecting sale of private genetic data

SALT LAKE CITY (ABC4) — The Utah Attorney General has joined other states in filing a lawsuit that could prevent 23andMe from selling their genetic data following bankruptcy earlier this year.

Utah Attorney General Derek Brown has joined a “bipartisan coalition” of 27 attorneys general in filing a lawsuit against 23andMe, according to a press release from the Utah Attorney General’s Office. According to the lawsuit, the company has collected Genotype Data from roughly 15 million people.

Earlier this year, in March, 23andMe filed for bankruptcy, and their CEO stepped down. The company went up for sale, causing many experts to raise concerns about private data that was maintained by the genetic profiling company.

The Utah Attorney General’s Office recommended that Utahns delete their 23andMe data before the sale. It reminded Utahns of their rights under the Utah Consumer Privacy and the Genetic Information Privacy Acts.

The goal of this lawsuit is to “prevent the company from selling Utahns’ private genetic information to another company without their express consent,” the press release states. The company is reportedly planning to sell the genetic information it gathered through home DNA collection kits.

“Utahns entrusted 23andMe with their most personal genetic information, under the promise of privacy and protection. The company’s intent to sell this data to the highest bidder is an egregious betrayal of that trust and will not be tolerated,” Katie Hass, Director of the Utah Division of Consumer Protection, is quoted in the release. “Every consumer should have the right to decide how this intimate, personal, and unique data is handled going forward.” 

The lawsuit argues that genetic information is “immutable,” meaning that if it is “stolen or misused, it cannot be replaced.” Consumers who have their genetic data used by a company they do not trust have no way to protect themselves or change that information.

“The States respectfully request that the Court (a) enter a declaratory judgment as to the issues set forth… prior to any sale; (b) and enter any further relief to which the Court finds is just,” the lawsuit concludes.

The other attorneys general joining the lawsuit are from the following states: Arizona, Colorado, Connecticut, the District of Columbia, Florida, Illinois, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, New Hampshire, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Vermont, Virginia, Washington, West Virginia, and Wisconsin.