This episode explores the implications of 23andMe's bankruptcy filing on the privacy of its 15 million customers' genetic data. Against the backdrop of 23andMe's financial struggles, including a data breach and failure to monetize its vast genetic database, the podcast investigates the potential sale of this sensitive information during the bankruptcy process. More significantly, the discussion delves into the legal precedents set by the Toysmart bankruptcy case, which established guidelines for selling customer data in bankruptcy, while acknowledging the limitations of these precedents in protecting consumer privacy. For instance, the role of the Consumer Privacy Ombudsman (CPO) in advocating for consumer rights during bankruptcy proceedings is examined, highlighting both its potential effectiveness and its limitations. The podcast further analyzes potential buyers of 23andMe's data, including the possibility of foreign entities or law enforcement agencies, and discusses the legal protections afforded by GINA (Genetic Information Non-Discrimination Act) while acknowledging its limitations. Ultimately, the episode concludes with the personal story of the host's aunt, who chooses to delete her data from 23andMe, illustrating the real-world impact of this complex legal and ethical dilemma and the trade-offs involved in sharing personal genetic information with companies. This highlights the ongoing tension between maximizing the value of a bankrupt company's assets and protecting consumer privacy rights in the digital age.
