You can choose whether 23andMe stores your physical DNA sample for potential future testing; if you choose to discard it, the sample is destroyed after lab processing and that choice cannot be undone.
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
The policy provides a meaningful choice over biological sample retention, which is operationally significant because a stored sample could be used for future genetic analyses if you later consent, while a discarded sample cannot be recovered for any future purpose.
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 …
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 teleheal…
Users who choose to discard their physical DNA sample cannot reverse that decision; users who allow storage should be aware that the stored sample may be used for additional analyses if they provide future consent, and the sample is subject to transfer provisions in the event of a business transfer.
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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 23andMe Privacy Statement
REGULATORY LANDSCAPE: Biological sample storage and use implicates state genetic privacy laws including the California Genetic Information Privacy Act, Illinois Genetic Information Privacy Act, and similar statutes in other states. The storage and potential future use of biological samples also engages FDA regulatory considerations for certain laboratory testing contexts. GOVERNANCE EXPOSURE: Medium. The irreversibility of the discard choice creates a one-way operational gate; once discarded, no future testing is possible, which may limit the company's ability to provide future services but also limits user exposure to expanded testing without fresh consent. The key governance question is whether the sample storage consent is sufficiently specific to authorize future uses not contemplated at the time of original consent. JURISDICTION FLAGS: State genetic privacy laws vary significantly in their requirements for consent to store and reuse biological samples. Illinois, California, Texas, and New York have specific genetic privacy statutes that may impose consent requirements beyond what the policy describes. CONTRACT AND VENDOR IMPLICATIONS: Laboratory partners who process and store samples should be assessed for compliance with applicable genetic privacy laws and their obligations in the event of a business transfer involving the sample repository. COMPLIANCE CONSIDERATIONS: Consent forms for sample storage should be reviewed to ensure they adequately disclose the potential future uses of stored samples and the business transfer scenario. Audit trails for sample storage and discard choices should be maintained.
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The policy provides a meaningful choice over biological sample retention, which is operationally significant because a stored sample could be used for future genetic analyses if you later consent, while a discarded sample cannot be recovered for any future purpose.
Users who choose to discard their physical DNA sample cannot reverse that decision; users who allow storage should be aware that the stored sample may be used for additional analyses if they provide future consent, and the sample is subject to transfer provisions in the event of a business transfer.
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