By Aidan Mortensen | KOAL News

The Utah Division of Consumer Protection and the Utah Office of the Attorney General have issued an alert regarding the sale of the California-based biotechnology company 23andMe. 

In March of this year, 23andMe filed for bankruptcy with the goal of finding a buyer. The company allowed customers to spit in a tube and mail it to 23andMe to have their DNA analyzed. The company would then provide a report containing ancestry composition, health risks, and traits.

With a bankruptcy court allowing the sale of the company and its assets – including consumer genetic data and samples – to TTAm, a nonprofit formed by former 23andMe CEO and founder Ann Wojcicki, concerns have been raised about what this genetic data would be used for.

In Utah, the OAG announced in a release that,” Utah successfully advocated for safeguards to protect Utah residents’ genetic data and samples following the approved sale of 23andMe. TTAM confirmed it will retain 23andMe’s current policies regarding consumers’ rights to delete their accounts, genetic data, or samples, and to opt out of research.”

Consumers who have utilized 23andMe’s services previously should have received direct notice from the company regarding this sale. This notification contained instructions on how to permanently delete their data and their genetic samples if they wish. 

A copy of these instructions is available on 23andMe’s website.

The Attorney General’s office also provided key terms of the sale, which include:

• There will be no transfer of customer DNA: All data will remain in place and under the same privacy policies, cybersecurity protections, and management. 
• Customer control over data: TTAM has agreed to allow consumers to permanently delete their data at any time, with new mechanisms in place to ensure that deletion requests are honored and verifiable by state regulators. 
• Benefit to breach victims: TTAM’s $305 million bid will help pay claims to the 7 million people affected by 23andMe’s 2023 cybersecurity breach. 
• Preserving scientific research: The nonprofit status of TTAM enables it to partner more freely with other public institutions and researchers, ensuring ongoing progress in critical health and medical research, using the data of consumers who have opted in to such research. 
• No disruption to service: With the same founder and team at the helm, customers who trusted 23andMe’s vision will see no meaningful change in ownership or use of their data. 

More information on your rights under the Utah Consumer Privacy Act and Utah’s Genetic Information Privacy Act is available at the Utah Division of Consumer Protection website.