Senator Durbin Grills 23andMe CEO on Data Privacy Amidst Company Sale

Data Privacy Concerns in Company Sale

• ⚠️ Senator Durbin expressed concern that 23andMe's current privacy policy might not be enforceable after multiple future buyers, questioning the "rule against perpetuities" in this context.
• 🎯 The interim CEO, Joseph Selsavage, stated that any buyer must adopt 23andMe's existing privacy policy and consents.
• 💡 Durbin countered that without a federal law, future buyers' intentions are not guaranteed to protect consumer data.

The Henrietta Lacks Case and Consent

• 🔬 The "Immortal Life of Henrietta Lacks" was cited as an example of how biological samples and data can be used without explicit, informed consent, leading to significant profits for others while the source receives none.
• ❓ Professor Cohen questioned why 23andMe isn't proactively seeking explicit consent from customers for the transfer of their data to a new owner.
• 🗣️ Selsavage responded that 23andMe believes they have already obtained sufficient consent through their terms of service, which include provisions for data transfer in bankruptcy sales.

Bankruptcy Law and Data Protection

• ⚖️ Professor Goldberg testified that bankruptcy law respects existing laws but does not introduce new prohibitions on data usage.
• 🚫 While current bankruptcy law offers some oversight, it does not prohibit the sale of personal data, and prohibiting such sales could push them into less protected environments.
• 📜 There is a call for federal legislation to make restrictions on the sale of personal consumer data universally applicable.

Geopolitical Data Concerns

• 🇨🇳 Senator Durbin briefly mentioned concerns about China's efforts to build virtual profiles of individuals, implying a broader context of data security and international implications.