Attorney General Ken Paxton (R) has filed a motion in federal bankruptcy court to protect Texans’ sensitive personal and genetic information as the genetic testing company 23andMe undergoes Chapter 11 bankruptcy.
In a press release, Attorney General Paxton announced his request for the court to appoint a Consumer Privacy Ombudsman in the case to ensure that the rights of Texas consumers are preserved, particularly concerning data privacy and genetic information.
“The importance of safeguarding Texans’ genetic data and preserving their privacy rights cannot be overstated,” the attorney general commented. “We have robust state privacy laws that include data deletion rights, and I would encourage any Texan concerned about their data to exercise the right to have their data securely deleted.”
23andMe, which provides direct-to-consumer genetic testing services, recently filed for bankruptcy in the Eastern District of Missouri. Court documents reveal the company may seek to sell unspecified assets. Such assets could include personal and genetic data belonging to both adults and children, which raises alarms about potential misuse or exposure of this highly sensitive information.
Attorney General Paxton’s office emphasized that the situation presents a rare and complex intersection of bankruptcy law and genetic privacy, and that appointing an ombudsman is necessary to advocate for consumer rights during the case.
Under the Texas Direct-to-Consumer Genetic Testing Act and the Texas Data Privacy and Security Act, Texans have the right to request that 23andMe delete their data, destroy any biological samples, and revoke research consent.
The attorney general has expressed that if Texans are facing issues exercising these rights, or if they have concerns about their data, they can file a complaint through the Texas Attorney General’s website.
“I will continue to stand up for Texans’ privacy rights,” Attorney General Paxton vowed, “which is why I’m fighting to have a Consumer Privacy Ombudsman appointed in this case.”
