SPECIAL | Is your genetic data secure?

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What are the privacy concerns with genetic data?

Dana Taylor 0:03
Hello, and welcome to The Excerpt. I'm Dana Taylor. Today is Wednesday, April 16, 2025, and this is a special episode of The Excerpt. The recent bankruptcy of genetic testing firm 23andMe has raised alarm bells for privacy advocates and consumers worried about their personal information. That data managed by 23andMe could eventually be used to discriminate against a consumer trying to buy life insurance, or it could be combined with a publicly available dating profile to target someone for a sophisticated scam. The possibilities for abuse are endless. And to be clear, this isn't just a 23andMe problem. Bankruptcy and data theft are just as much a risk with other DNA testing firms. So what should people know about privacy and genetic data security? For more on that, I'm now joined by Kate Spector-Bagdaddy, a member of the Health Law and Bioethics Faculty at the University of Michigan. Thanks for joining me, Kate. Thanks. It's great to be here. Let's start with the basics on the privacy issues here.

How could genetic data be misused?

Dana Taylor 1:12
First, there's the privacy policy that consumers agree to at the time of purchase. There's also personal information 23andMe subsequently collected from many users via surveys. That's a massive amount of highly sensitive consumer data that's highly valuable to a host of different players. What happens if this data is sold during bankruptcy?

What happens to data during bankruptcy?

Kayte Spector-Bagdady 1:34
So 23andMe has always been very clear in its terms and conditions and notice of privacy practices that in case of bankruptcy, those data may be sold or shared with other companies external to 23andMe. One of the challenges, however, is that people are extremely unlikely to actually read any of those terms and conditions or access or even understand them if they do read them. The other problem that you brought forward is what happens when those data are shared external to 23andMe. One potential thing that people might be concerned about is potential law enforcement use of those data. For example, I don't know if you've heard of the Golden State Killer case in California. The Golden State Killer was a murder case, and they've been looking for him for decades.
Kayte Spector-Bagdady 2:23
And actually, police ended up re-identifying him by using GEDmatch, which was another direct-to-consumer genetic testing company. So that's one potential concern.
Dana Taylor 2:32
Let's talk about the risks one by one, starting with how the data could be used to discriminate against a consumer.

How does the Genetic Information Non-Discrimination Act protect consumers?

Kayte Spector-Bagdady 2:41
Yeah, so there is a law called the Genetic Information Non-Discrimination Act that's been around since the 1990s when they first sequenced the genome. And the intent is to protect against discrimination from your employer or from your health insurance. So under this law, your employer or your health insurer is not allowed to use your genomic information to discriminate against you in your employment or getting health insurance. However, it leaves a lot of gaps. Like, for example, it doesn't protect you from discrimination for long-term health insurance, which is a big concern of people, as well as life insurance.

What risks does bankruptcy pose to genetic data security?

Dana Taylor 3:17
Data is always at risk of being hacked and then exploited by nefarious players. Does bankruptcy make this data less safe? And if so, how?
Kayte Spector-Bagdady 3:26
It's a complicated question. 23andMe has been very clear that in the interim, while bankruptcy is pending, they're applying the same safeguards to the data that they always have. However, just a few years ago, there was already a breach of the 23andMe data and almost 7 million users got hacked and had their data shared across the Internet in ways that we don't fully understand.

What type of information is most concerning regarding data privacy?

Kayte Spector-Bagdady 3:53
And so this is a limitation as well on people who are deleting their own 23andMe data right now because data that's already escaped and has already been breached cannot be deleted.
Dana Taylor 4:04
What are some ways that this data can be utilized that concern you the most? Is there anything that keeps you up at night?
Kayte Spector-Bagdady 4:12
Even though everybody's talking about the genomic information, we have some protections against that in the law. The thing that really keeps me up at night is actually the survey information that people had been filling out. So 23andMe not only has... 15 million people represented in its phenotypic or its genetic database.

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