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FTC: Any 23andMe Buyer Must Maintain Privacy Policies After a Sale

'Promises to consumers must be kept,' the FTC tells the US Trustee's office, which oversees bankruptcy cases.

 & Michael Kan Principal Reporter

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Whoever buys 23andMe should be required to keep customer data private, according to the US Federal Trade Commission. 

The FTC weighed in on 23andMe’s sale today, a week after the DNA testing company filed for bankruptcy. Like others, the commission is concerned about the privacy ramifications of a buyer using 23andMe data for purposes outside of personal genetic testing and discovery.

The FTC sent a letter to the US Trustee’s office, which oversees bankruptcy cases for the Justice Department, including 23andMe’s filing. It notes that 23andMe has promised that its privacy policy for customers’ DNA will remain intact even in the event of a bankruptcy or sale.

“These types of promises to consumers must be kept,” the FTC told US Trustee officials, later adding: “Moreover, as promised by 23andMe, any purchaser should expressly agree to be bound by and adhere to the terms of 23andMe’s privacy policies and applicable law, including as to any changes it subsequently makes to those policies."

23andMe has said it will only sell to buyers committed to complying with the company’s privacy policy and all “applicable laws with respect to the treatment of customer data.” The FTC also noted it is “pleased to see” 23andMe prioritizing customer privacy.

Still, many users have been deleting their DNA data from the company's databases. Several US attorneys general have also urged customers to do so. Last week, traffic to 23andMe.com skyrocketed by over 500%, according to Similarweb.

About Our Expert

Michael Kan

Michael Kan

Principal Reporter

My Experience

I've been a journalist for over 15 years. I got my start as a schools and cities reporter in Kansas City and joined PCMag in 2017, where I cover satellite internet services, cybersecurity, PC hardware, and more. I'm currently based in San Francisco, but previously spent over five years in China, covering the country's technology sector.

Since 2020, I've covered the launch and explosive growth of SpaceX's Starlink satellite internet service, writing 600+ stories on availability and feature launches, but also the regulatory battles over the expansion of satellite constellations, fights with rival providers like AST SpaceMobile and Amazon, and the effort to expand into satellite-based mobile service. I've combed through FCC filings for the latest news and driven to remote corners of California to test Starlink's cellular service.

I also cover cyber threats, from ransomware gangs to the emergence of AI-based malware. In 2024 and 2025, the FTC forced Avast to pay consumers $16.5 million for secretly harvesting and selling their personal information to third-party clients, as revealed in my joint investigation with Motherboard.

I also cover the PC graphics card market. Pandemic-era shortages led me to camp out in front of a Best Buy to get an RTX 3000. I'm now following how the AI-driven memory shortage is impacting the entire consumer electronics market. I'm always eager to learn more, so please jump in the comments with feedback and send me tips.

The Best Tech I've Had:

  • My first video game console: a Nintendo Famicom
  • I loved my Sega Saturn despite PlayStation's popularity.
  • The iPod Video I received as a gift in college
  • Xbox 360 FTW
  • The Galaxy Nexus was the first smartphone I was proud to own.
  • The PC desktop I built in 2013, which still works to this day.

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