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NewsCongress Pretends to Care About Privacy. Again.

Congress Pretends to Care About Privacy. Again.

23andMe, the genetic testing firm that promised to revolutionize personal genomics, is on the auction block. After years of financial struggles, a bankruptcy filing in March, and a high-profile data breach, the company’s assets are up for grabs. This isn’t the first time we’ve seen a once-promising tech company fall from grace, but what’s at stake here is more than just dollars and cents.

U.S. Representatives Alexandria Ocasio-Cortez and Jan Schakowsky have written to potential buyers Regeneron Pharmaceuticals and TTAM Research Institute. They’re demanding answers about consumer data privacy. If you think this is just political posturing, think again. Genetic data is the new oil, and how it’s handled could have ramifications far beyond the balance sheets.

Regeneron, a biotech heavyweight, offered $256 million to snap up 23andMe. They claim they can enhance the company’s mission of personal health insights while bolstering their own genetics research. Here’s what this really means: Regeneron is eyeing that massive genetic database as a treasure trove for medical research and drug development. It’s a strategic play, not a charity project.

Not to be outdone, Anne Wojcicki, the ousted CEO, threw in a $305 million bid through a newly formed nonprofit. This move isn’t just about saving face; it’s about control and direction of the company she once led. The federal judge’s decision to reopen the sale process means this drama isn’t over yet.

23andMe was a pioneer in personal genomics, but even selling over 12 million DNA kits couldn’t keep it afloat. Going public in 2021 didn’t solve its revenue diversification problem. The 2023 data breach was the nail in the coffin, exposing millions of customers’ data. It’s a stark reminder that in the digital age, data security isn’t just an IT issue—it’s a business killer.

Whoever takes over 23andMe will inherit a goldmine of genetic data. The big question is: How will it be used? Under current policies, customers can opt-in to medical research or delete their data. The letters from Congress demand to know if these practices will continue. They’re also probing about data sharing with law enforcement and the use of genetic data in AI training. If you’re an investor, this is a risk factor you can’t ignore.

The representatives want full transparency on third-party data access. 23andMe’s past collaboration with GlaxoSmithKline shows the potential for lucrative partnerships, but also the need for stringent oversight. The deadline for Regeneron and TTAM to respond is June 26, and the clock is ticking.

In a House Oversight Committee hearing, 23andMe’s interim CEO revealed that nearly 2 million customers have requested data deletion since the bankruptcy filing. That’s a significant portion of the user base, signaling a trust issue that any new owner will have to address head-on.

Adding to the turmoil, over two dozen states and D.C. have sued 23andMe, arguing that auctioning off genetic data without explicit consent is a legal and ethical minefield. This lawsuit could set a precedent for how consumer data is treated in bankruptcy sales.

So, what’s the takeaway for investors? This isn’t just another tech acquisition. The stakes involve privacy, ethical use of data, and regulatory scrutiny. Tread carefully, because the potential for growth is matched by the risk of backlash. If you’re considering a play here, make sure your due diligence goes beyond the balance sheet.

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