U.S. Sen. Chuck Grassley (R-Iowa).

Q: Why did you convene a Judiciary Committee hearing about 23andMe?

A: More than 15 million Americans are customers of 23andMe, a genetic testing company whose services include analyzing one’s DNA to provide ancestry information and insights on inherited genes that may reveal predispositions for certain health conditions, including some cancers, diabetes and cardiovascular diseases. Customers submit a saliva sample to begin the direct-to-consumer genetic testing service. Earlier this year, 23andMe filed for bankruptcy, opening a can of worms exposing consumer privacy and national security implications. Because 23andMe is not a health care company, federal health privacy laws don’t apply to customers’ sensitive genetic data. Even though the company suggests that its privacy policy protects consumers’ data, 23andMe and its successor company can unilaterally change that privacy policy at any time. So, the potential sale of the company raises serious concerns about genetic privacy and what happens to that information, including the genomic profile and saliva specimen of each customer. Since its founding in 2006, the company that was once valued at $6 billion has suffered financial hardship, due in part to a massive data breach impacting millions of customers.

As chairman of the Senate Judiciary Committee, which has jurisdiction over bankruptcy and certain privacy laws, I called a hearing to gather testimony from the head of the company, as well as bioethics, bankruptcy and national security experts. Consumers deserve to know how their genomic data is going to be used, and Americans deserve protection from foreign threats. As the company seeks court approval to sell its assets in the bankruptcy process, 23andMe, its creditors and shareholders want the highest price for the sale of the company. Make no mistake, potential buyers are after the genetic data of 15 million customers. The fewer restrictions there are on the company’s assets, the more they’re worth. Just consider if this sensitive information should get into the hands of a foreign adversary or potentially be used against an individual as blackmail or when applying for life insurance, health insurance or employment. Before the genetic information of Americans is sold, they ought to be able to decide whether, when and how their data is used. What’s more, the data privacy issues reach far beyond the 15 million Americans who submitted their saliva for genetic analysis. The genomic data would span across family tree lines, meaning the trove of data being mined would involve an exponentially larger pool of people. That’s why it’s imperative this sensitive information doesn’t get into the hands of bad actors

Q: What’s your takeaway from the witness testimony?

A: During my questioning, I focused on the vulnerabilities to national security, particularly stemming from China. The Chinese Communist Party (CCP) is pursuing aggressive development of AI, biotech and computing to conduct mass surveillance, boost its military capabilities and dominate the bioeconomy. We heard about the CCP’s use of genetic tests to track, target and oppress Uyghur Muslims and how 23andMe’s American customer base would provide a genetic diversity trove of data that could be an attractive target for the CCP. They should never be allowed to get their hands on it. Considering strong evidence showing COVID-19 was created in a Chinese lab, as well as Chinese nationals smuggling dangerous biological pathogens into the United States just this past month, the weaponization of biologics and military application of genomic data are no longer far-fetched fantasies of science fiction. American genetic data must be protected.

Currently, no federal privacy or bankruptcy laws protect genomic data. I’m cosponsoring the bipartisan Don’t Sell My DNA Act to protect sensitive genetic data during corporate bankruptcy proceedings. Notably, it would require affirmative consumer consent prior to the use, sale or lease of genetic information. Policymakers must take steps to safeguard consumer privacy and prevent foreign adversaries and bad actors from obtaining sensitive genetic information. As an outspoken watchdog in the U.S. Senate to hold China accountable for its intellectual property and espionage policies, I’ve long worked to screen its foreign investments, combat the CCP’s influence at U.S. colleges and protect U.S. farmland. I’ll continue working to advance policies that safeguard the sensitive genetic data of Americans.