Attorney General Miyares Files Legal Action to Block 23andMe Sale of Genetic Data

Virginia Attorney General Jason Miyares has taken legal action against the DNA testing company 23andMe, filing a lawsuit and formal objection in bankruptcy court to prevent the unauthorized sale of genetic data belonging to more than 15 million consumers.

This move comes after 23andMe, which offers direct-to-consumer DNA testing services, filed for bankruptcy and announced plans to sell off its customer data—including biological samples, genetic test results, and health-related information—as part of a financial restructuring effort.

“Virginia law requires a consumer’s explicit consent before a company like 23andMe can transfer their genetic data,” said Attorney General Miyares. “My Office will ensure that Virginians have a say in what happens to their most sensitive personal information.”

Virginia enacted a genetic data privacy law in 2023, one of the first of its kind in the nation. The law mandates that companies must obtain express consent from consumers before transferring any DNA or biological data. The current 23andMe plan, as outlined in bankruptcy court filings, does not comply with that law, Miyares said.

According to the filings, the proposed sale of sensitive genetic information not only breaks consumer trust but also directly violates state privacy laws and the company’s own promises. Miyares emphasized that DNA and medical data are fundamentally different from other types of consumer information due to the uniquely personal nature of the material and its potential for misuse.

As part of his legal challenge, Miyares joined a bipartisan coalition of attorneys general from 27 other states and jurisdictions, including Arizona, Colorado, Connecticut, Florida, New York, and the District of Columbia. Together, these state leaders argue that a court-approved sale of 23andMe’s data would amount to a serious breach of consumer privacy rights.

Consumers still using 23andMe services are being urged to take immediate steps if they wish to protect their personal data. According to the company, users may log in to their accounts to permanently delete their genetic information, download their data, opt out of having their biological samples stored, and withdraw their consent for research use.

The Virginia Attorney General’s Office continues to monitor the bankruptcy case and remains committed to defending the rights of residents. Miyares added that the outcome of this case could have major implications nationwide for how companies treat personal data—particularly genetic information that not only reveals medical traits but may also affect family members.

“This is about more than just data,” said Miyares. “It’s about protecting the fundamental right of Virginians to control what happens to their own DNA.”

For updates on this legal challenge and information on how to protect your genetic privacy, visit www.oag.state.va.us.

(from Press Release)