Attorney General Kris Mayes has issued a consumer alert to Arizona residents following the recent bankruptcy filing by 23andMe, a company known for its direct-to-consumer genetic testing services. The company filed for Chapter 11 bankruptcy on March 23, 2025. Despite this development, 23andMe assured in a press release that it plans to "continue operating its business in the ordinary course throughout the sale process" and stated that there would be no changes in how customer data is stored, managed, or protected.
However, Attorney General Mayes expressed concerns about the potential risk of Arizonans' genetic data being sold during the bankruptcy proceedings. She emphasized that "Arizona law allows consumers to take control of their genetic data and request that a company delete it." Given 23andMe's financial situation, she urged residents to consider exercising their rights under state law to request deletion of their genetic data held by the company.
The Arizona Genetic Information Privacy Act provides consumers with specific rights regarding their genetic information. These include deleting accounts and genetic data and requesting the destruction of biological samples.
To delete genetic data from 23andMe, users are advised to log into their account on the company's website, navigate to "Settings," locate "23andMe Data," download personal data if desired, and proceed with permanent deletion. Users will receive an email confirmation link to finalize this request.
For those who have previously opted for storage of their saliva sample and DNA by 23andMe but wish to change this preference, adjustments can be made under "Preferences" in account settings. Additionally, consent for using genetic data for research purposes can be revoked via "Research and Product Consents."
The Arizona Genetic Information Privacy Act (House Bill 2069), effective since September 29, 2021, requires direct-to-consumer genetic testing companies to comply with consent requirements and privacy policies.