Genetic testing company 23andMe declares bankruptcy

GameBoyColor

Ars Centurion
336
Subscriptor
Ask it a different way:

  • Should an individual have the legal authority to send their genetic information to someone else for mutual benefit?
  • Should an individual have the right to supply another party with publicly available information, such as who their relatives are?

I don't think there's any reasonable way to restrict those rights without massively curtailing the freedom of an individual over their own information - or an even more egregious restriction of access to public records (e.g. marriage licenses, etc…). Which is why regulation of how genetic information may be used is so critical - because as you're clearly aware - inferences about familial relationships/conditions/traits/etc… are intrinsically coded into a person's DNA.

I agree that individual rights matter and people should be entitled to having bloodwork and genetic screenings done. However, genetic information reveals much more information than what could be considered public records. We don't even know all that we're giving away.

We're talking about the foundational biological material that makes us who we are- not just our birthdates and previous addresses.

I don't know how to write meaningful legislation to protect from abuse, but I staunchly believe that individual genetics should not be grouped into the same classification as public records. This is the type of information that could be used to develop biological weapons to target specific groups of people.
 
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31 (31 / 0)

theOGpetergregory

Ars Scholae Palatinae
1,279
Subscriptor++
Should an individual have the legal authority to sign away their family tree's genetic information?

I get customers agreed to Terms of Service, but I didn't!

Do I even have the right to ask for my genetic information to be removed from their database if I was never a customer, but my immediate family member was?
Dear 23 and me, please delete all data with markers indicating right-handedness as that is my personal data.

Sincerely, a right-handed person.
 
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-19 (3 / -22)
Full disclosure - I work for a genetics company. I'm not overly worried. For the very few assays performed on each sample in the name of 'genetics for fun,' the usefulness of the data is quite limited. I'm sure there is some scientific value, and some companies will bid on it. Patient samples are consumed by their lab process. Since the assays they targeted are things like, "You might like the taste of cilantro," or "you have blue eyes," it's core usefulness is familial matching.
 
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26 (27 / -1)

nottatae

Wise, Aged Ars Veteran
144
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It needs to be remembered that:

1) A whole lot of racists throughout history have claimed that "one drop" of non-white blood makes you less than human, and thus targets for oppression, degrading treatment, and in extreme cases, genocide
2) It very much appears that people who hold such beliefs control the entire Federal executive branch, or at least those in charge have very friendly views of people who hold such ideology.
3) Those people also have control of vast amounts of wealth and can buy any company they want to, especially if it's bankrupt and can be bought for cheap.
4) The data on 15 million people can probably tell such people about the likely genetic makeup of far more people via relationships - so call it 100M-200M people.
5) You and your relatives might very much appear to be fully white, if someone is looking at you, but now with this genetic data, this "one drop" ideology can now pinpoint probably millions of people who look white but have a very small amount of non-white genetic heritage.

So, all this is to say a lot of people who either are racists or decided they were fine voting for racists, because they think they're white, and it will only affect "other people" are probably about to find out just how bad racism really is, and that it might even oppress you, even if you think you are protected and privileged.
But why would they go through all that effort when they can just make shit up whenever or whereever that they want? A target is going to be a target based on whim, it's not like you're talking about people who show any indication to have a use for actual facts.
 
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20 (21 / -1)

DarthSlack

Ars Legatus Legionis
23,540
Subscriptor++
Great, customers can delete their data. My dumbass relative did this, though.

I vote that anyone who wants their genome scanned and put in a corporate database for "fun" should go through a high-energy ionizing radiation bombardment process first, to cryptographically randomize their DNA.

On the flip side, if any of your relatives would benefit from some time in the hoosegow, donating your DNA is a way to move the process along.
 
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17 (17 / 0)

sigmasirrus

Ars Scholae Palatinae
1,267
It might take a couple generations but what people consider "personal" will slowly fade away.

Isn't it odd, for instance, how many people think when they are walking around on a public sidewalk they have the right not to be filmed? Yet, many younger people recognize there isn't a right that when you're in public your likeness can't be recorded.

If you have a birthday and I write that in my calendar to remember it for next year, do you really think it's your right to make me erase it and forget it if you want? Somehow lawmakers have given people an odd sense of entitlement that special facts are somehow "private information." I'd like to see a newspaper reporter do their job but not be allowed to remember than names and birth dates of their subjects. Somehow the freedom of press still appreciates that certain facts are just observations and don't need any special "YOU MUST DELETE!" laws surrounding them.

And then we get to DNA. Well, let's just see how it goes in 30 years, then 60. Right now so many nanny-state folk want to live in the past... but let's just see how it goes.
That’s exactly how it works in many European countries. I was told be careful taking photos as a tourist since the view there is that I don’t have the right to take identifiable photos of people.
 
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24 (25 / -1)
Is that even possible? Serious question
Probably not, be it official storage elsewhere or prior sales or data scraping agreements, or unofficial ones. And of course the government has continued to argue in cases like this or with zero-day exploits and other such things that even when the law would otherwise bar them, they can "commercially acquire" information for parallel construction or their undisclosed activities.

If the courts are failing to reign this stuff in, then we need more explicit legislation to do so. But good luck to us all with that..
 
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4 (4 / 0)

passivesmoking

Ars Tribunus Angusticlavius
8,587
Whilst this specific scenario didn't occur to me, I never ever once felt the desire to use any of these DNA sites on the grounds that I would be putting extremely sensitive immutable personal data in the hands of a business that was only as secure as it's least secure subsystem and once that particular genie was out of the bottle there would be no going back.

Maybe I should have also thought of that idea that the company could go bust and all that data goes to the highest bidder, but even though it didn't occur I still feel glad that my scepticism was well founded.
 
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6 (6 / 0)

ranthog

Ars Legatus Legionis
15,446
Full disclosure - I work for a genetics company. I'm not overly worried. For the very few assays performed on each sample in the name of 'genetics for fun,' the usefulness of the data is quite limited. I'm sure there is some scientific value, and some companies will bid on it. Patient samples are consumed by their lab process. Since the assays they targeted are things like, "You might like the taste of cilantro," or "you have blue eyes," it's core usefulness is familial matching.
I think it is fair to say that there should be a law that protects the consumer in these cases, instead of their data becoming an asset to be sold off.
 
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12 (12 / 0)

Jeff S

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11,279
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But why would they go through all that effort when they can just make shit up whenever or whereever that they want? A target is going to be a target based on whim, it's not like you're talking about people who show any indication to have a use for actual facts.
That's a fair point. Facts really don't matter to them. But, they will sometimes, when facts are available that provide them with what they want, selectively use those facts.
 
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8 (8 / 0)
Full disclosure - I work for a genetics company. I'm not overly worried. For the very few assays performed on each sample in the name of 'genetics for fun,' the usefulness of the data is quite limited. I'm sure there is some scientific value, and some companies will bid on it. Patient samples are consumed by their lab process. Since the assays they targeted are things like, "You might like the taste of cilantro," or "you have blue eyes," it's core usefulness is familial matching.
I've often wondered about this. What is the worst thing people can do with my genetic data?

I would imagine most companies interested in genetic data don't particularly care about my specific genetic makeup. But they are interested in the genetics of populations (to say better target/guide research in medical therapeutics). Otherwise, maybe in the future, insurance companies will require genetic screening before offering health/life insurance ... but they currently already require health screenings anyways (for things like private life insurance). But an insurance company wouldn't need this data from a company like 23&me, they would just require it as a term of coverage.

I suppose if I worked in something related to national security or espionage, then I'd like to stay as anonymous as possible, but it's not hard to get genetic material from a specific target.
 
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0 (2 / -2)

Secondfloor

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1 (1 / 0)
But why would they go through all that effort when they can just make shit up whenever or whereever that they want? A target is going to be a target based on whim, it's not like you're talking about people who show any indication to have a use for actual facts.
This. None of these people need a shred of credible evidence to jump on any old bandwagon with their torches and pitchforks constitution and guns in hand. Why would they go through the effort of doing complicated genetic analysis (especially when Big Pharma is doing the analysis!) when they can just have some flunky tech genius whip up a chart in Photoshop showing what shades of skin are acceptable and which aren't. Plus you can just print it out at home on your shitty consumer inkjet and walk around town with it to find the impure folks...
 
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0 (4 / -4)

mozbo

Ars Tribunus Militum
1,867
Sure in the same way that you can delete any data you've given to Facebook. You'll see it as "Deleted" but it's a soft delete and we won't even go into the backs that they have.

The genetic database that they complied will be worth quite a sum in the very near future.
Theses companies slap a "thrown away" sign on the kitchen waste bin, without actually moving the trash bag. The resulting stench is entirely predictable. In any sane system this behavior would get appropriate punishment. But this is the U.S. where insanity is the norm.
 
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3 (3 / 0)

passivesmoking

Ars Tribunus Angusticlavius
8,587
https://customercare.23andme.com/hc/en-us/articles/212170688-Requesting-23andMe-Account-Closure

"Once you confirm your request, we will immediately and automatically begin the deletion process and you will lose access to your account. Once confirmed, this process cannot be canceled, undone, withdrawn, or reversed.

If you participated in 23andMe Research, your Personal Information will no longer be used in any future research projects. If you asked us to store your genetic samples, they will be discarded. "
That's some very weaselly language, I note. Doesn't make any guarantees at all that your data will be comprehensively, completely and irrevocably removed for every data storage mechanism they may have stored it on.
 
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2 (4 / -2)
Is that even possible? Serious question
On the site you can request it be deleted. The odds of them actually deleting it I think are slim. I requested deletion and also put nonsense for any potentially identifiable information. This presumes they don't keep a history of that information. I have zero faith in the CEO to do right.
 
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3 (3 / 0)

Veritas super omens

Ars Legatus Legionis
26,757
Subscriptor++
On the flip side, if any of your relatives would benefit from some time in the hoosegow, donating your DNA is a way to move the process along.
"Hoosegow"...Wow...there's a word I haven't heard in a very long time. It was my grandfather's favorite term for jail. He died in 1981. Miss you much grandpa.
 
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19 (19 / 0)

mozbo

Ars Tribunus Militum
1,867
https://customercare.23andme.com/hc/en-us/articles/212170688-Requesting-23andMe-Account-Closure

"Once you confirm your request, we will immediately and automatically begin the deletion process and you will lose access to your account. Once confirmed, this process cannot be canceled, undone, withdrawn, or reversed.

If you participated in 23andMe Research, your Personal Information will no longer be used in any future research projects. If you asked us to store your genetic samples, they will be discarded. "

Also from the link:
We will retain limited information about you, including records of this deletion request, and other information as required by law and otherwise described in our Privacy Statement.
IOW, everything hinges on the privacy statement ... which they can change any time they like. It's all weasel-words. There are no guarantees at all.
 
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3 (3 / 0)
It might take a couple generations but what people consider "personal" will slowly fade away.

Isn't it odd, for instance, how many people think when they are walking around on a public sidewalk they have the right not to be filmed? Yet, many younger people recognize there isn't a right that when you're in public your likeness can't be recorded.

If you have a birthday and I write that in my calendar to remember it for next year, do you really think it's your right to make me erase it and forget it if you want? Somehow lawmakers have given people an odd sense of entitlement that special facts are somehow "private information." I'd like to see a newspaper reporter do their job but not be allowed to remember than names and birth dates of their subjects. Somehow the freedom of press still appreciates that certain facts are just observations and don't need any special "YOU MUST DELETE!" laws surrounding them.

And then we get to DNA. Well, let's just see how it goes in 30 years, then 60. Right now so many nanny-state folk want to live in the past... but let's just see how it goes.
I don't believe it's a sense of entitlement not to be observed, so much as a sense of fear of the sheer scale of that observation nowadays. The novel 1984, for example, is in part predicated on exactly that fear, and it was written decades before such massive real-time data collection on a population was even remotely practical for governments, much less companies.
 
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14 (14 / 0)

Jim Salter

Ars Legatus Legionis
17,287
Subscriptor++
PSA: Now is a good time to delete your DNA test results.
I suspect that will be roughly as helpful as Ashley Madison's "paid delete" option was.

If you're not familiar: Ashley Madison was--and still is, surprisingly!-- a niche dating site dedicated specifically to adultery. Paying AM $20 to delete your account resulted in a "1" being entered into a column in AM's database. The 1 in that column indicated that you'd paid to be deleted.

Oh, and the transaction was entered into a financial transaction table... Which therefore tied your real name, address, and credit card number to your "deleted" account, all of which became visible when the site was later hacked.

For an INCREDIBLE number of people, that was the only financial transaction they ever made, and therefore not only did the paid delete not actually help them, it was literally the only reason those people could BE directly and irrefutably tied to their account when the site did in fact get hacked and the database dumped to the public.

This isn't a precise analogy, obviously. But if privacy is your main concern, it might still be worth asking not only "will giving these people more money actually help" but also "will tying fresh real world financial data to these results make it worse?"
 
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29 (29 / 0)

motytrah

Ars Tribunus Militum
2,997
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And this, boys and girls, is why you never send a corporation that kind of personal data. Once you send it, it's not yours anymore.
Beyond corporate data, there's religious. The mormons have been into genealogy and genetics for decades. Back in the 80s they paid Control Data millions for a super computer and software services for those ends. They were heavily involved in Ancestry.com, and likely continue to hold shares via Blackstone Group. I would not be shocked if they picked up the remains of 23 and me.
 
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9 (9 / 0)

Andrewcw

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19,046
Subscriptor
Even if you said to delete your data. It's probably still in the system used in other ways. Lets say they do delete you name and address. Your DNA will probably still be there as some kind of account.

I did one using Ancestry. But the kit i used was bought at a retail store and not tied to my bank information. Along with i used a fake name and email not related to me. But i assume my genetic information will live on in the system.
 
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2 (2 / 0)

Jim Salter

Ars Legatus Legionis
17,287
Subscriptor++
While I support your conclusion, your characterization of consumers and the service here is uncharitable and innaccurate.

In the most abstract terms, yes, consumers were sending this company their genetic data. But we as consumers do this all the time. Any time you get bloodwork done, you're sending in your genetic data. Doctor wants to run a lipid panel? You get a blood draw and they send the blood to a lab. I will give you that this is all done in a medical setting with strict guidelines and personal data protections, however the distinction for consumers, even those who are relatively careful, is VERY tenuous.

In this case, I'm quite positive that 99.99% of people who used 23andMe felt they were GETTING personal data from the company, not sending personal data. I sent blood, something that literally spills out of me when I cut myself. No big deal. What I get back is a really cool analysis of genetic markers, heritage, etc. Yes I know there were some very legitimate personal data concerns voiced for a long time. I read many articles about them here on Ars and made the choice not to use these services, but many people I know did use it including my brother and sister.

I guess what I'm saying is, don't say "This is why you don't send personal data..." when the company is providing a paid service that gives you a very compelling data analysis back and when I don't think anyone I personally know would equate sending in a blood sample with "sending personal data" even though technically DNA is the most personal of data one could think of, when it comes down to it.

I guess there are a lot of very clear differences between "sharing personal data" and what we have here. its not even subtle nuance, even in hindsight.
I dunno, man. Are you saying that people didn't know what DNA was, and only learned later? Where were they in high school? Did they not read the mountain of articles published at the time warning about exactly these kinds of IP issues?

I can understand taking the position "blood just comes out of me, whatever, it's not a secret." Whether I agree with that stance is irrelevant; the point is that it's consistent. What I don't understand is not caring about privacy of your genetic data then but being outraged about it now.

Nothing changed. The issues now are the same ones that already existed when the service launched, and were already addressed pretty directly by a mountain of different articles. For example, this Scientific American piece from twelve years ago: https://www.scientificamerican.com/...fying-but-not-for-the-reasons-the-fda-thinks/
 
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