Privacy Advocates Urge 23andMe Customers to Delete Their Data. But Can They?

"Some prominent privacy advocates are encouraging customers to pull their data" from 23andMe, reports SFGate. 

But can you actually do that?
23andMe makes it easy to feel like you've protected your genetic footprint. In their account settings, customers can download versions of their data to a computer and choose to delete the data attached to their 23andMe profile. An email then arrives with a big pink button: "Permanently Delete All Records." Doing so, it promises, will "terminate your relationship with 23andMe and irreversibly delete your account and Personal Information." 

But there's another clause in the email that conflicts with that "terminate" promise. It says 23andMe and whichever contracted genotyping laboratory worked on a customer's samples will still hold on to the customer's sex, date of birth and genetic information, even after they're "deleted." The reason? The company cites "legal obligations," including federal laboratory regulations and California lab rules. The federal program, which sets quality standards for laboratories, requires that labs hold on to patient test records for at least two years; the California rule, part of the state's Business and Professions Code, requires three. When SFGATE asked 23andMe vice president of communications Katie Watson about the retention mandates, she said 23andMe does delete the genetic data after the three-year period, where applicable... 

Before it's finally deleted, the data remains 23andMe property and is held under the same rules as the company's privacy policy, Watson added. If that policy changes, customers are supposed to be informed and asked for their consent. In the meantime, a hack is unfortunately always possible. Another 23andMe spokesperson, Andy Kill, told SFGATE that [CEO Anne] Wojcicki is "committed to customers' privacy and pledges to retain the current privacy policy in force for the foreseeable future, including after the acquisition she is currently pursuing." 
An Electronic Frontier Foundation privacy lawyer tells SFGate there's no information more personal than your DNA. "It is like a Social Security number, it can't be changed. But it's not just a piece of paper, it's kind of you." 

He urged 23andMe to leave customers' data out of any acquisition deals, and promise customers they'd avoid takeover attempts from companies with bad security — or with ties to law enforcement.
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