2025-06-14
23andMe Privacy Ombudsman Says Customers Should be Able to Provide Consent Before Their Data are Sold; Former CEO's Non-Profit Wins Bid to Acquire 23andMe
Ombudsman Neil Richards, appointed to oversee 23andMe customer data privacy during the company's bankruptcy, says that customers should be allowed to provide formal consent before their data are sold. Richards notes that selling the data without such consent could be at odds with 23andMe's privacy policy. His report follows a June 10, 2025 hearing of the US House Committee on Oversight and government Reform at which legislators grilled Joe Selsavage, 23andMe Interim CEO and Chief Financial and Accounting Officer, about how customer data has been and will be protected. Over the weekend, TTAM Research Institute, a California-based non-profit run by 23andMe co-founder and former CEO Anne Wojcicki, won a bid to acquire the company. Wojcicki resigned from 23andMe in March 2025, at the time of the company's bankruptcy filing.
Editor's Note
23andMe updated their privacy statement in 2022 to include being able to potentially sell user data in the event of a bankruptcy. Last week a notice was sent from the bankruptcy court to current and prior users, a "Notice of Potential Change of Ownership of Personal Information." The best plan is to follow the process to delete your 23andMe data, rather than find out the hard way if notification versus consent is used to transfer your data to the new owner.

Lee Neely
Much of the value of the company is in its data assets. Requiring the winning bidder to gain affirmative consent from each data owner is both time consuming and costly. What’s equally interesting is the patchwork of federal, state, and international data privacy laws that will have to be navigated should this become a requirement of the sale.

Curtis Dukes
Read more in
The Record: 23andMe privacy ombudsman recommends company obtains consent for sale of customer data
ZDNet: How to delete your 23andMe data ASAP - and why you should
Bloomberg Law: REPORT OF CONSUMER PRIVACY OMBUDSMAN
House: Wrap Up: Congress Taking Action to Ensure the Safety of Americans’ Personal DNA Data
CNN: Anne Wojcicki’s nonprofit wins bid to acquire genetic testing company 23andMe
Kroll: NOTICE OF POTENTIAL CHANGE OF OWNERSHIP OF PERSONAL INFORMATION (PDF)