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Colorado among states suing to prevent 23andMe from auctioning off personal genetic data

1 month ago 3

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DENVER (KDVR) -- Colorado has joined a lawsuit filed on behalf of consumers objecting to the proposed sale of their personal genetic information by the now-bankrupt DNA testing company 23andMe.

The company is reportedly attempting to auction off the private genetic data of about 15 million customers as part of a bankruptcy sale.

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Colorado, along with a coalition of 26 other states and the District of Columbia, argue 23andMe customers should have the right to control their personal information and that it cannot be sold as if it was ordinary property.

"In Colorado, we are committed to protecting consumers' privacy and will take action to prevent companies from selling private personal data without consent," said Colorado Attorney General Phil Weiser, in a statement. "That's why what 23andMe is doing in this case is so appalling."

The lawsuit argues the kind of information 23andMe is attempting to sell — including biological samples, DNA data, health-related traits and medical records — is too sensitive to be sold in lieu of their express, informed consent.

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"Consumers shared sensitive information on the belief that only the company would have access to it, and it would not be shared without consent," Weiser said. "The company cannot be allowed, even in bankruptcy, to share that information against the will of consumers."

Colorado is joined in the lawsuit by 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, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.

In addition to the lawsuit, a separate objection to the bankruptcy sale was also filed in federal bankruptcy court in St. Louis on Monday.

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