Texas Attorney General Ken Paxton filed a motion to appoint a Consumer Privacy Ombudsman in the Chapter 11 bankruptcy case of 23andMe to protect the sensitive genetic and personal data of Texans. The genetic testing company seeks to sell assets that may include genetic data, health information, and personally identifiable information. The AG's office is also informing Texans of their rights under Texas law to request deletion of their data and genetic samples.
The AG is seeking court appointment of a Consumer Privacy Ombudsman to oversee the protection of consumer data during bankruptcy proceedings and ensure that Texans' data deletion rights under Texas law are respected.
In-house legal teams should review vendor agreements with genetic testing, health data, or consumer data providers to ensure compliance with state data privacy laws, including explicit data deletion and sample destruction rights for consumers. Contracts should prohibit unauthorized sale or transfer of sensitive genetic, health, or children’s data, especially in the event of a vendor bankruptcy or asset sale, and require vendors to comply with regulatory oversight or appoint privacy ombudsmen in such scenarios. Teams should also verify that contracts include provisions for consumers to opt out of research use and revoke data consent, aligning with Texas and other state privacy law requirements.
Entity
23andMe
Industry
Healthcare"23andMe"
"Texas Direct-to-Consumer Genetic Testing Act"
"Texas Data Privacy and Security Act"
"23andMe seeks to sell unspecified assets that potentially include the sensitive genetic data of adults and children, health information, and other personally identifiable information"
"filed a motion to appoint a Consumer Privacy Ombudsman in the 23andMe bankruptcy case"
"Texas consumers have the right to request that their data be deleted from 23andMe’s database and that the genetic sample or results be destroyed"
Connecticut Attorney General William Tong submitted testimony in support of genetic privacy legislation that would grant residents exclusive control over their DNA and genetic data. The legislation is inspired by his office's investigation into 23andMe's data breach affecting over six million customers and the company's subsequent bankruptcy. The bill requires express consent for DNA use, imposes security measures, and prohibits marketing use of DNA.
Texas Attorney General Ken Paxton filed a lawsuit in the 23andMe bankruptcy case to prevent the sale of Texans' genetic data without proper consent. The action seeks to confirm Texans' property rights over their genetic information under the Texas Data Privacy and Security Act and the Texas Direct-to-Consumer Genetic Testing Act. The AG argues that 23andMe's proposed asset sale would violate Texas law requiring separate express consent for disclosure of genetic information.
Connecticut joined a coalition of 28 attorneys general to object to 23andMe's proposed sale of genetic data in bankruptcy without customer consent. The states argue such sensitive information requires express consent and cannot be sold like ordinary property. Attorney General Tong also advised consumers to delete their data and genetic samples.
Texas Attorney General Ken Paxton launched an investigation into Meta's Meta AI Glasses over allegations of unlawful facial biometric data collection, deceptive privacy practices, and unauthorized sharing of user data with subcontractors. The investigation follows concerns that the glasses' always-on recording mode lacks proper user notice, planned facial recognition features would collect data without consent, and private user videos are accessed by third-party annotators in Kenya. The AG issued a Civil Investigative Demand to Meta to determine violations of Texas privacy laws.
Texas Attorney General Ken Paxton launched an investigation into Meta regarding its Meta AI Glasses, alleging unlawful collection of facial biometric data, deceptive privacy representations, and unauthorized sharing of user data with subcontractors. The investigation follows concerns that the glasses’ always-on recording mode lacks proper notice, subcontractors access private user content including intimate moments, and Meta plans to deploy facial recognition technology to collect unsuspecting individuals’ facial geometry. The AG issued a Civil Investigative Demand to determine if Meta violated Texas law by deceptively misrepresenting its data use practices.
Texas Attorney General Ken Paxton filed a lawsuit against proxy advisory firm Institutional Shareholder Services, Inc. (ISS) alleging violations of the Texas Deceptive Trade Practices Act by prioritizing political agendas over sound financial guidance in voting recommendations. The lawsuit seeks an injunction to stop deceptive practices and civil penalties of up to $10,000 per DTPA violation. This action follows a 2025 investigation into ISS and peer firm Glass Lewis & Co.