Durbin Delivers Opening Statement In Senate Judiciary Committee Hearing On The Privacy & National Security Implications Of The 23andMe Bankruptcy
WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today delivered an opening statement at a Senate Judiciary Committee hearing entitled “23 and You: The Privacy and National Security Implications of the 23andMe Bankruptcy.” Today’s hearing will examine the bankruptcy of 23andMe, Inc., and the potential sale of the company’s database of customers’ personal genetic information. The hearing also will provide an opportunity to examine policy and ethical issues associated with the collection and use of personal genetic information, the need for a comprehensive federal data privacy law in the United States, and the treatment of consumer data privacy in the bankruptcy process.
Key Quotes:
“In short, 23andMe has access to deeply personal information about you and your health. Information that you would normally want to keep private—between you, your family, and your doctor. Yet no federal law—no federal law—prevents 23andMe from sharing this data with others, including insurance companies, future employers, and law enforcement. Rather, a patchwork of state laws and [23andMe’s] privacy policy are the only things protecting the genetic information of millions of Americans.”
“If 23andMe’s customers are anything like [their] fellow Americans, they likely didn’t read this privacy policy. According to a survey by the Pew Research Center, more than half of Americans say they always, almost always, or often agree with privacy policies without ever reading them. Who can blame them?”
“When 23andMe filed for bankruptcy on March 23, a lot of people suddenly became interested in that privacy policy. Because, buried in the fine print of their privacy policy is the following, listen carefully: ‘If we are involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your Personal Information may be accessed, sold or transferred as part of that transaction.’”
“So 23andMe’s 15 million customers were left wondering: Who is going to get access to my genetic information? What are they going to do with it? What rights do I have to stop it?”
“Thankfully, 23andMe’s privacy policy gave its customers the right to delete their data upon request. And millions have done so—so many, in fact, that 23andMe’s website crashed with the traffic. But again, this wasn’t required by federal law.”
“There are very few federal guardrails to protect your most sensitive data, including your DNA and who can share it. It’s time for Congress to put some protections in place for Americans.”
“The American people deserve to have faith that their sensitive information will be in—and stay in—the right hands before they agree to share it. Yet, nearly 20 years after 23andMe came on the scene and at least that long since the surveillance industrial complex started taking over the Internet, America still lacks a comprehensive federal law to protect our privacy.”
“There have been signs of hope, including in 2022 when the American Data Privacy and Protection Act passed the House Energy and Commerce Committee by a broad, bipartisan vote of 53-to-2. But the American people are still waiting.”
Video of Durbin’s opening statement is available here.
Audio of Durbin’s opening statement is available here.
Footage of Durbin’s opening statement is available here for TV Stations.
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