US court appoints genetic data ombudsman during 23andMe bankruptcy

Genetic testing company 23andMe has reached an agreement with several US states to allow a court-appointed overseer to safeguard customer genetic data during its bankruptcy proceedings, resolving a complaint that the company was insufficiently prioritising data security. US Bankruptcy Judge Brian Walsh approved the settlement in a Missouri court hearing on Tuesday, mandating the appointment of a consumer protection ombudsman. This ombudsman will have the authority to scrutinise 23andMe's management of customer genetic information and its security protocols. Furthermore, the overseer will review any potential sale of 23andMe's business or data during the bankruptcy process and report to the court on the implications for customer data. 

In related news, the Information Commissioner's Office (ICO) and the Office of the Privacy Commissioner of Canada (OPC) have released a statement calling for the protection of the sensitive personal data of 23andMe's customers throughout the company's bankruptcy proceedings and beyond. Having been made aware of the hearing on 29 April, the regulators wrote a joint letter to the US Trustee overseeing the 23andMe administration proceedings to highlight the data protection requirements under UK and Canadian laws.

Information Commissioner John Edwards said, "23andMe holds some of the most personal and highly sensitive information possible about its customers, including genetic data, health reports and self-reported health conditions.

"The UK public need to trust that the bankruptcy proceedings, and any potential sale of the company or its assets, will safeguard their personal data from unauthorised use or misuse. We are here to advocate on their behalf and we will not hesitate to take action against 23andMe or any potential purchaser should data protection legislation not be adhered to."