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The encyclopedia · Legal & Compliance · Legal decision · 2025

23andMe went bankrupt and put 15 million customers' DNA profiles up for sale

The genetic testing company's Chapter 11 turned 15 million DNA profiles into an asset a bankruptcy court could sell to the highest bidder.

23andMe · 2025-03-23

What happened

23andMe collected DNA samples from more than 15 million customers, promising that their genetic data would be used only for ancestry and health insights. When the company filed for Chapter 11 bankruptcy on March 23, 2025, that data became its most valuable asset — something a bankruptcy court could sell to the highest bidder to repay creditors.

FTC Chairman Andrew Ferguson wrote to the bankruptcy trustee warning that any buyer must be bound by 23andMe's existing privacy commitments. Twenty-eight state attorneys general filed suit requiring explicit consent from each customer before their data could be transferred. Regeneron Pharmaceuticals bid $256 million; TTAM Research Institute, a nonprofit founded by former CEO Anne Wojcicki, won with a $305 million bid.

The court approved the sale on the condition that TTAM abide by existing privacy policies, establish a consumer privacy board, and provide two years of identity-theft monitoring. Only about 2 million of 15 million customers had requested data deletion by the time the sale closed in July 2025. The rest — their DNA, health data, and ancestry information — transferred to a new owner.

Why it happened

  • 23andMe's privacy policy did not prevent genetic data from becoming a saleable corporate asset in bankruptcy.
  • The company treated DNA profiles as intellectual property it owned, not as data customers controlled.
  • Customers trusted a privacy promise that had no mechanism for enforcement once the company became insolvent.
  • The bankruptcy code gives creditors claims on assets regardless of what a website's terms of service said.
What it cost$305M sale; 15M DNA profiles transferredcostly

The lesson

Data collected under a privacy promise becomes a liability the moment the company that made the promise cannot keep it.

Aftermath

The sale closed on July 14, 2025. Anne Wojcicki regained control of the company she co-founded, stepping down as CEO to lead TTAM. The case prompted calls for federal genetic privacy legislation that would prevent biological data from being treated as a transferable corporate asset.

Sources

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