If you use 23andMe's optional telehealth services, a separate privacy notice applies to your medical information, because the clinical services are provided through licensed healthcare providers subject to additional regulations.
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 existence of a separate Medical Record Privacy Notice for telehealth means that users accessing clinical services through 23andMe are subject to a different and supplementary privacy framework, and should review both documents to understand how their health and genetic data is handled across all 23andMe services.
Interpretive note: The precise HIPAA coverage status of 23andMe in its telehealth coordination role depends on the specific contractual and operational arrangements with licensed providers, which are not detailed in this document.
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 opt into telehealth services have their medical information governed by a separate Medical Record Privacy Notice in addition to this Privacy Statement; the terms acknowledge that clinical services are provided by licensed healthcare providers, which may engage HIPAA obligations through those providers rather than directly through 23andMe.
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Changes to this Privacy Notice
If you are a California resident, you may have certain rights under the California Consumer Privacy Act (CCPA). These rights may include: the right to know about personal information collected, disclosed, or sold; the right to delete personal information collected from you; the right to opt-out of t...
Depending on where you live, you may have certain rights with respect to your personal information. These rights may include: The right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which we collected i...
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"Should you choose to receive Telehealth Services coordinated through 23andMe, with clinical services provided through licensed healthcare providers, there is a separate Medical Record Privacy Notice that describes how your medical information is used, disclosed, and maintained.— Excerpt from 23andMe's 23andMe Privacy Statement
REGULATORY LANDSCAPE: The telehealth coordination function and clinical services provided through licensed healthcare providers engage HIPAA requirements applicable to covered entities and their business associates. 23andMe's role as a coordinator rather than a direct provider creates a complex regulatory position; the licensed providers are likely HIPAA covered entities, and 23andMe may function as a business associate with respect to protected health information handled in that context. The FTC Health Breach Notification Rule may also apply to health data held by non-HIPAA-covered entities. GOVERNANCE EXPOSURE: Medium. The bifurcated privacy framework, with one notice for general genetic services and a separate notice for telehealth medical records, creates complexity for users and requires compliance teams to ensure both notices are current, consistent, and compliant with applicable law. The business associate relationship, if applicable, imposes HIPAA obligations on 23andMe for telehealth-related health data. JURISDICTION FLAGS: State telehealth laws vary and may impose additional consent or disclosure requirements. California, New York, and other states have specific telehealth privacy requirements beyond HIPAA. EU and UK users accessing telehealth services may face additional GDPR considerations for health data. CONTRACT AND VENDOR IMPLICATIONS: Business Associate Agreements should be in place between 23andMe and the licensed healthcare providers delivering clinical services. The scope of those agreements and the data flows between 23andMe and the providers should be reviewed as part of any compliance audit. COMPLIANCE CONSIDERATIONS: Legal teams should review the separate Medical Record Privacy Notice for consistency with this Privacy Statement and HIPAA requirements. Users who access telehealth services should be clearly directed to both documents. Any bankruptcy or business transfer scenario should assess the HIPAA implications of transferring patient records held in connection with the telehealth coordination function.
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The existence of a separate Medical Record Privacy Notice for telehealth means that users accessing clinical services through 23andMe are subject to a different and supplementary privacy framework, and should review both documents to understand how their health and genetic data is handled across all 23andMe services.
Users who opt into telehealth services have their medical information governed by a separate Medical Record Privacy Notice in addition to this Privacy Statement; the terms acknowledge that clinical services are provided by licensed healthcare providers, which may engage HIPAA obligations through those providers rather than directly through 23andMe.
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