Comer Launches Investigation into 23andMe Bankruptcy, Seeks Testimony to Protect Americans’ Personal DNA Data

WASHINGTON—House Committee on Oversight and Government Reform Chairman James Comer (R-Ky.) is launching an investigation into the national security and data privacy concerns resulting from the bankruptcy filing of 23andMe, Inc., a direct-to-consumer genetic testing company in possession of millions of Americans’ personal DNA data. 23andMe’s bankruptcy proceedings potentially allows for the transfer of customers’ and family members’ personal data, including to malign foreign actors such as the Chinese Communist Party. To safeguard Americans’ private genetic data, Chairman Comer is requesting documents and information today related to 23andMe’s bankruptcy filing and is calling on Board Member Anne Wojcicki to testify at a public hearing scheduled for May 6, 2025.

“The Committee on Oversight and Government Reform has a long history of investigating data privacy and the security risks posed by malign foreign actors. The bankruptcy filing of 23andMe, Inc.—a direct-to-consumer genetic testing company in possession of personal genetic data of millions of Americans—raises significant concerns regarding potential transfers of customers’ and family members’ sensitive personal data to various interested entities, including the Chinese Communist Party (CCP). With more than 15 million customers, 23andMe asks its users to provide ‘a saliva sample for analysis, usually to learn details about their ancestry, family traits, and potential health risks.’ The New York Times reported that ‘China and other countries are trying to dominate these technologies, and are using both legal and illegal means to acquire American know how,’ warning of the CCP’s ‘track record of misusing genetic data,’” wrote Chairman Comer.  

While national security risks from hostile foreign actors, such as the CCP, remain a top concern, Chairman Comer emphasized that the threat to consumers extends far beyond foreign interference. The possible sale or transfer of 23andMe’s genetic database during bankruptcy could open the door to widespread exploitation by private entities. For example, data could be exploited for discriminatory practices, including higher insurance premiums, denial of credit, or targeted advertising based on genetic predispositions.

“The intricacies of the bankruptcy process for 23andMe underscore risk for consumers. Ms. Margaret Hu, professor of law and director of the Digital Democracy Lab at William & Mary Law School cautioned, ‘[w]hen you’re in bankruptcy, data privacy values are not what you’re really thinking about. You’re thinking about selling your company to the highest bidder,’” continued Chairman Comer. “National security concerns about 23andMe and similar companies are not new. In December 2019, the U.S. Department of Defense advised ‘members of the military not to use consumer DNA kits, saying the information collected by private companies could pose a security risk.’”

Read the letter to Anne Wojcicki here.