MADISON, Wis. — In a high-profile privacy battle, Attorney General Josh Kaul announced that Wisconsin has joined a bipartisan coalition of 28 states to stop the controversial sale of personal genetic data in the bankruptcy proceedings of DNA testing company 23andMe.
At the heart of the lawsuit, filed in federal bankruptcy court on June 9, is a simple but critical demand: protect the deeply personal genetic and health information of more than 15 million customers from being sold off without their knowledge or consent.
“Consumers’ genetic information shouldn’t be able to be sold off without their consent,” said Wisconsin Attorney General Kaul. “Such highly sensitive information should be protected.”
DNA for Sale?
23andMe, once a leader in at-home DNA testing kits, filed for bankruptcy earlier this year and is now auctioning off its assets—including biological samples, health profiles, and raw DNA data—as part of the liquidation process. The company is reportedly seeking to maximize value by selling these data sets to commercial interests, raising alarm among privacy advocates and legal experts.
The coalition of attorneys general argues that this sale could expose consumers to serious risks, including data breaches, insurance discrimination, and the unauthorized use of genetic information in ways never anticipated by the people who originally shared it.
“Texas’s strong data privacy laws grant consumers property rights to their genetic information and require companies to obtain user consent before sharing any of this highly confidential data,” said Texas Attorney General Paxton. “Genetic testing companies have access to massive amounts of critically sensitive personal information, and I will fight to ensure that businesses follow the law and secure Texans’ personal data.”
“23andMe collected the most sensitive genetic data imaginable from millions of Americans. They failed to safeguard that data, and now they propose to auction it to the highest bidder, with no security or privacy assurances. Hell no. Connecticut is actively engaged in this bankruptcy proceeding to ensure 23andMe takes every measure to protect the security of this deeply personal information,” said Connecticut Attorney General Tong. “It is not too late to delete your data and genetic samples, and I urge consumers to consider taking proactive steps to protect your privacy.”
“23andMe cannot auction millions of people’s personal genetic information without their consent,” said New York Attorney General James. “New Yorkers and many others around the country trusted 23andMe with their private information and they have a right to know what will be done with their information. My office is joining 27 other attorneys general to protect people’s most private information and to make sure 23andMe abides by the law.”
“The millions of consumers — including many Pennsylvanians — who paid for these services certainly did not expect their sensitive data to one day be sold off to a highest bidder,” Pennsylvania Attorney General Sunday said. “23andMe is trying to avoid their legal obligations to consumers simply by labeling this sale and transfer of consumer data as a ‘change of ownership.’ I continue to encourage 23andMe customers to consider deleting their data from the company’s database.”
A Stand for Consent and Privacy
The states’ lawsuit and a separate formal objection to the bankruptcy sale emphasize the need for explicit, informed consent from every individual whose data is part of the transaction. The AGs maintain that genetic data is not ordinary property to be passed off to the highest bidder—it’s intensely personal and deserves the strongest legal protections.
“If buyers aren’t willing to obtain consent from each and every person whose data they hope to acquire, then that data simply shouldn’t be sold,” Kaul’s office stated.
Broad National Coalition
Joining Wisconsin in the legal action are attorneys general from 27 other states and jurisdictions, including California, New York, Texas, and Florida—reflecting rare bipartisan unity on a major data privacy issue. The coalition spans red and blue states alike, underscoring the seriousness of the threat.
A Test Case for Genetic Data Privacy
This case could set a powerful precedent for how genetic and biometric data is handled in future corporate bankruptcies or mergers. As millions of Americans entrust companies with their DNA for health insights or ancestry analysis, the case against 23andMe’s asset sale signals a turning point in consumer data protection.
“Virginia law requires a consumer’s explicit consent before a company like 23andMe can transfer their genetic data,” said Virginia Attorney General Jason Miyares. “My Office will ensure that Virginians have a say in what happens to their most sensitive personal information.”
“Our personal and sensitive genetic data should never be sold to the highest bidder without our explicit consent,” Michigan Attorney General Dana Nessel said. “I am proud to join my colleagues in challenging this deeply concerning sale and remain committed to protecting the privacy of Michigan residents.”
“Millions of people across the country and in North Carolina trusted 23andMe with their private genetic information, and the company has no right to sell off people’s most personal data to someone else without their permission,” said North Carolina Attorney General Jeff Jackson. “North Carolinians deserve the peace of mind that their personal info is kept out of the wrong hands, and I’m taking 23andMe to court to make sure that happens.”
For now, Attorney General Kaul and his fellow AGs are fighting to ensure that your DNA doesn’t become just another asset on the auction block.
