Following a joint investigation into the consumer genetic testing company 23andMe by the Information Commissioner's Office (ICO) and the Office of the Privacy Commissioner of Canada (OPC), which began in June 2024, the ICO has announced it has issued 23andMe with a notice of intent to fine £4.59 million and a preliminary enforcement notice. The ICO presented its findings to 23andMe and will consider any representations made before taking a final decision.
News of the ICO's notice of intent to issue a fine to the US-based company came the same day that 23andMe filed for Chapter 11 bankruptcy protection to facilitate its sale.
The move to file for bankruptcy protection comes as the company's CEO and co-founder, Anne Wojcicki, announced she would resign in order to pursue further bids for the business following several unsuccessful buyout attempts. The company said that the bankruptcy proceedings are intended to maximise the value of the business and assured customers that its operations and data protection practices will remain unchanged during the sale process.
Commenting on the bankruptcy announcement, Stephen Bonner, ICO Deputy Commissioner for Regulatory Supervision, said: "We are aware that 23andMe has filed for Chapter 11 bankruptcy in the US to facilitate a sale process. We are monitoring the situation closely and are in contact with the company. As a matter of UK law, the protections and restrictions of the UK GDPR continue to apply and 23andMe remains under an obligation to protect the personal information of its customers."
Meanwhile, The Guardian reports that Rob Bonta, the Attorney General for the US State of California, had issued a consumer alert advising customers to delete their 23andMe account and data. However, The Wall Street Journal (£) reports that the subsequent surge in traffic led to the company's website crashing on Monday evening.
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