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Wednesday, April 16, 2025

Comer investigates 23andMe bankruptcy's potential data risk

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U.S. Rep. James Comer representing Kentucky's 1st Congressional District | Official U.S. House headshot

U.S. Rep. James Comer representing Kentucky's 1st Congressional District | Official U.S. House headshot

The House Committee on Oversight and Government Reform, headed by Chairman James Comer (R-Ky.), has initiated an inquiry into the bankruptcy proceedings of 23andMe, Inc., a genetic testing company with access to millions of Americans' DNA data. Concerns have arisen regarding the potential transfer of this sensitive information during the bankruptcy process. This inquiry aims to protect U.S. citizens from national security risks and data privacy threats posed by the possible involvement of foreign entities, notably the Chinese Communist Party.

Chairman Comer highlighted the Committee's past efforts in addressing similar data privacy issues. He noted, "The Committee on Oversight and Government Reform has a long history of investigating data privacy and the security risks posed by malign foreign actors. The bankruptcy filing of 23andMe, Inc.—a direct-to-consumer genetic testing company in possession of personal genetic data of millions of Americans—raises significant concerns regarding potential transfers of customers’ and family members’ sensitive personal data to various interested entities, including the Chinese Communist Party (CCP)."

Additionally, the inquiry will explore the broader implications of data misuse that go beyond foreign interference. Comer pointed out how the potential sale of 23andMe's genetic database could lead to misuse by private entities in areas such as insurance and advertising. "The intricacies of the bankruptcy process for 23andMe underscore risk for consumers. Ms. Margaret Hu, professor of law and director of the Digital Democracy Lab at William & Mary Law School, cautioned, ‘[w]hen you’re in bankruptcy, data privacy values are not what you’re really thinking about. You’re thinking about selling your company to the highest bidder,’" Comer stated.

The investigation also revisits past concerns highlighted by the U.S. Department of Defense in December 2019, who advised military personnel against using consumer DNA kits due to potential security risks.

Chairman Comer has requested documents related to the bankruptcy and has summoned Board Member Anne Wojcicki to testify at a public hearing scheduled for May 6, 2025.

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