NH AG’s Office Issues Consumer Alert Concerning 23andMe Bankruptcy

CONCORD, NH — The New Hampshire Attorney General’s Office is alerting consumers to the bankruptcy of a direct-to-consumer genetic testing company officials nationwide were already monitoring.

23andMe recently announced its bankruptcy filing and stated it intended to sell its assets through the court process. The company plans to continue operating as a business through the sale process with no changes to how it stores, manages, or protects consumer data despite a data breach discovered in October 2023. That breach exposed the personal information of seven million Americans.

In a statement Tuesday, John Formella, the attorney general, reminded Granite Staters they have rights via the New Hampshire Data Privacy Act. This act allows residents to access, obtain, correct, and delete personal data collected about them. Residents also have the right to opt out of the processing of their data for targeted advertising, sales, and some profiling.

“Despite the bankruptcy filing,” Formella said, “both 23andMe and any potential buyer remain responsible for protecting consumer data. Additionally, consumers can proactively protect their data by deleting their genetic data, requesting the destruction of their test sample, and revoking authorization for 23andMe to share their data with third-party researchers.”

To delete your genetic data or request the destruction of your test sample, visit the 23andMe “account settings” page.

Consumers may contact the New Hampshire Department of Justice, Consumer Protection and Antitrust Bureau at doj-cpb@doj.nh.gov or 1-888-468-4454.

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