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The agreement states that users may elect whether their biological DNA sample is stored after laboratory processing, and that a choice to discard the sample is irreversible.
This analysis describes what 23andMe's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes that the storage or destruction of biological genetic material is a one-time irreversible election, which affects users' ability to request future sample-based testing or retrieval of physical genetic material.
Interpretive note: The document does not disclose the storage duration, storage location, security standards applied, or conditions under which stored samples may be accessed beyond initial laboratory processing.
The updated privacy statement no longer explicitly directs users to a separate Medical Record Privacy Notice for telehealth services or explains that medical information collected through telehealth is governed by different privacy rules. Previously, the policy stated that users choosing telehealth services coordinated through 23andMe would find healthcare privacy protections described in a separate notice. That reference is now absent from the main privacy statement. Users seeking privacy information specific to telehealth services will need to determine independently whether a separate notice exists or contact 23andMe directly using the provided contact information.
View change record →The updated privacy statement no longer explicitly discloses a separate Medical Record Privacy Notice that previously described how medical information is used, disclosed, and maintained for telehealth services. Users who receive telehealth services coordinated through 23andMe may now lack clear notice of which privacy framework governs their medical records, since the reference to that parallel notice has been removed. The organizational scope change from '23andMe Research Institute' to '23andMe' narrows the explicitly named entities responsible for the policy, though operational impact depends on how these entities actually function.
View change record →Under this provision, users who choose to discard their biological sample at the point of collection cannot reverse that decision; the sample is permanently destroyed after laboratory processing. Users who elect storage retain the option to later request discard, though that discard choice is also irreversible once made.
Cross-platform context
See how other platforms handle Biological Sample Storage Choice and similar clauses.
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"You can choose to have your sample stored. If not, no problem. It will be securely destroyed after the laboratory completes its work. Note that a discard choice cannot be reversed.Excerpt from 23andMe's Privacy Statement
(1) REGULATORY LANDSCAPE: This provision engages California GIPA requirements governing storage and destruction of genetic samples, as well as GDPR Article 9 requirements for processing biological samples as special category data. State biometric and genetic privacy laws in Illinois and other jurisdictions may impose additional requirements on sample retention and destruction practices. (2) GOVERNANCE EXPOSURE: Medium. The provision gives users a binary and irreversible choice over physical sample storage, but does not disclose the storage location, security protocols applied to stored samples, the duration of storage, or the conditions under which stored samples may be accessed or used beyond initial laboratory processing. These gaps may require assessment against applicable genetic privacy statutes. (3) JURISDICTION FLAGS: California GIPA imposes specific obligations on entities that collect, use, and store genetic samples from California residents. Illinois residents may have protections under state genetic information or biometric laws. EU and UK users have rights over biological samples as special category data under GDPR Article 9. (4) CONTRACT AND VENDOR IMPLICATIONS: The document does not identify the laboratory or storage vendor processing and storing biological samples. Procurement teams should assess whether laboratory and storage vendor agreements include appropriate data processing terms, security standards, and destruction verification procedures. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should review whether the sample storage disclosure satisfies transparency requirements under applicable genetic privacy statutes, including California GIPA. The destruction verification process and timeline after a discard election should be documented. The document does not describe how long samples are stored or what security measures apply, which warrants supplemental disclosure review.
This provision establishes that the storage or destruction of biological genetic material is a one-time irreversible election, which affects users' ability to request future sample-based testing or retrieval of physical genetic material.
Under this provision, users who choose to discard their biological sample at the point of collection cannot reverse that decision; the sample is permanently destroyed after laboratory processing. Users who elect storage retain the option to later request discard, though that discard choice is also irreversible once made.
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