Your genes and your corporate enemies

I saw a story recently in my Twitter feed that major genetic personal research companies like 23 and Me and Ancestry had agreed to honor warrants from law enforcement agencies to hand over personal genetic information.

I found this troubling. Having done a filing with 23 and Me, in conjunction with a relative, I decided to close my account. I found the appropriate link and filed to close the account. Its reply made me double down on that decision. That email, in part, says:

Under certain circumstances, Personal Information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders, or in coordination with regulatory authorities. 

We treat law enforcement inquiries, such as a valid subpoena or court order, with the utmost seriousness. We use all legal measures to resist any and all requests in order to protect the privacy of our customers. 

To date, we have successfully challenged these requests and have not released any information to law enforcement. You can view the number of requests 23andMe has received from law enforcement on our transparency report at: (here). 

And:

23andMe and the contracted genotyping laboratory may retain your Genetic Information as required by local law, pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 and California laboratory regulations. 

I first found the additional reference to “in coordination with regulatory authorities” disconcerting. WHAT regulatory authorities? Why? What “coordination”? And, in regard to law enforcement, WHAT “orders” beyond warrants?

And, how much do you resist? Remember, Apple refused to unlock the San Bernardino shooter’s iPhone under warrant.

That, like this, is a Fifth Amendment case of “persons and papers.”

The transparency report also says nothing about 23 and Me contacting ME whenever it should get such a request. I assume it does NOT. And unlike the dead San Bernardino shooter, I would still be alive.

Had 23 and Me said differently, that it WOULD contact me at the time of request, it might be different. But it’s not.

And, company policy on something like this is always subject to individual interpretation.

And, that last paragraph is disconcerting itself. What local law? Etc. It's clearly California state law, but, whereas "Hugh" from 23 and Me can cite federal statute to his advantage when it is to his advantage, nothing here.

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Beyond that, I’d already been less than totally fond of 23 and Me’s number of “upselling” offers. “Genetic basics? Would you like some fries with that”? (I assume Ancestry et al operate similarly.)

So my advice?

Close your account if you have one with any of these agencies.

Never start one if you haven't yet.

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