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Attorney General Dan Rayfield today issued a consumer alert regarding 23andMe’s recent bankruptcy filing. 23andMe is a direct-to-consumer genetic testing company that collects and analyzes the most sensitive and irreplaceable information about individuals: their genetic code.

“23andMe must work to safeguard this incredibly sensitive genetic information, regardless of their bankruptcy filing,” said Attorney General Rayfield. “Oregonians need to know that they still have full control over their own data – they can delete their genetic information and test samples on the website and pull the plug on any permission for 23andMe to share it with researchers.”

On Sunday, March 23rd, 23andMe filed for Chapter 11 bankruptcy. In a press release, 23andMe stated that, despite the bankruptcy, the company intends to continue operating its business in the ordinary course throughout the sale process. 23andMe also said there are no changes to the way the company stores, manages or protects customer data.

In light these developments, Attorney General Rayfield would like to remind Oregon residents of their rights under the Oregon Consumer Privacy Act (OCPA), particularly the right to delete personal information and the right to revoke consent for the processing of personal data.

Consumers can delete their 23andMe account and personal information with the following steps:

To Delete Genetic Data from 23andMe

Log into your 23andMe account on their website.
Go to the “Settings” section of your profile.
Scroll to a section labeled “23andMe Data” at the bottom of the page.
Click “View” next to “23andMe Data”
Download your data: If you want a copy of your genetic data for personal storage, choose the option to download it to your device before proceeding.
Scroll to the “Delete Data” section.
Click “Permanently Delete Data.”
Confirm your request: You’ll receive an email from 23andMe; follow the link in the email to confirm your deletion request.

To Destroy Your 23andMe Test Sample

If you previously opted to have your saliva sample and DNA stored by 23andMe, but want to change that preference, you can do so from your account settings page, under “Preferences.”

To Revoke Permission for Your Genetic Data to be Used for Research

If you previously consented to 23andMe and third-party researchers to use your genetic data and sample for research, you may withdraw consent from the account settings page, under “Research and Product Consents.”

Under the OCPA, Oregonians have the right to access, obtain, correct, and delete personal data collected about them under certain circumstances. Consumers have the right to opt out of the sale of their data, and to opt out of the processing of personal data for the purposes of targeted advertising or automated decision-making. The OCPA also gives consumers the right to revoke consent that has been previously granted for the processing of their personal information. Please see the DOJ’s Privacy toolkits for more information on these rights generally.

Source: Oregon Attorney General

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