The agreement states that physical saliva samples and extracted DNA are classified as Biological Samples and are excluded from the definition of Personal Information under this Privacy Statement, meaning GDPR and similar statutory personal data rights do not apply to them under Ancestry's framework.
This analysis describes what Ancestry'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 determines that the physical and extracted biological material submitted by users falls outside the scope of personal data protections established in this Privacy Statement, which may require evaluation against GDPR Recital 34 and Article 9 (special categories including genetic data), as well as Washington's My Health MY Data Act and state genetic privacy statutes that may define biological samples as protected consumer health or genetic data independently of how Ancestry classifies them.
Interpretive note: Whether the Biological Samples exclusion is consistent with GDPR Article 9 and applicable U.S. state genetic privacy statutes depends on regulatory interpretation in each jurisdiction and has not been definitively resolved by published enforcement guidance.
The updated Privacy Statement no longer displays a dedicated 'Do Not Sell or Share My Personal Information' link in the footer, which was previously accessible to California residents under CCPA requirements. This link allowed users to exercise data-sharing opt-out rights. The footer now lists 'Consumer Health Privacy' as a separate item but does not explicitly direct users to their CCPA controls. California residents may need to locate their opt-out rights through alternative navigation paths on the Ancestry site.
View change record →The updated privacy policy removes the 'Do Not Sell or Share My Personal Information' link from the footer navigation. This link previously provided direct access to Ancestry's data-sharing opt-out mechanism, which is a required disclosure under California's CCPA. While the removal does not eliminate the opt-out right itself, it may make the opt-out control less easily discoverable from the privacy policy page. Affected users may need to locate the opt-out mechanism through alternate navigation or search methods.
View change record →The updated Privacy Statement clarifies what uses of Ancestry services are permitted and prohibited, establishes that photo face-grouping in your gallery requires your express consent, and introduces SMS messaging as a communication channel for future opt-in communications. The statement now covers Ancestry, AncestryDNA, and Related Brands under a unified framework while noting that other services operated by the company use separate privacy statements. The removal of 'uploaded DNA data' from the account creation section reflects a narrowing of that specific provision's scope, though genetic information processing remains described elsewhere in the policy. You can review the full updated statement to understand how your personal information will be processed and manage your communication preferences when SMS opt-ins become available.
View change record →Under this clause, users seeking to invoke data rights such as access, correction, or deletion under GDPR or state privacy laws must contact Member Services specifically to request destruction of Biological Samples, as the standard online deletion tools apply to Personal Information and Genetic Information rather than to Biological Samples as defined in this document.
Cross-platform context
See how other platforms handle Biological Samples Exclusion from Personal Information and similar clauses.
Compare across platforms →"Your Sample and Extracted DNA. Neither the sample you provide using an AncestryDNA test kit nor the DNA extracted from your sample (together referred to as 'Biological Samples') are Personal Information under this Privacy Statement. You can consent to have your Biological Samples stored in our biobank for future testing at your option. Future testing and research may be done if you agree to our Informed Consent to Research or if you consent to other tests of your Biological Samples. If you do not consent to the storage of your Biological Samples, we will destroy them.Excerpt from Ancestry's Privacy Statement
REGULATORY LANDSCAPE: This provision requires evaluation under GDPR Article 9, which defines genetic data derived from biological samples as a special category of personal data subject to heightened protections.
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This provision determines that the physical and extracted biological material submitted by users falls outside the scope of personal data protections established in this Privacy Statement, which may require evaluation against GDPR Recital 34 and Article 9 (special categories including genetic data), as well as Washington's My Health MY Data Act and state genetic privacy statutes that may define biological …
Under this clause, users seeking to invoke data rights such as access, correction, or deletion under GDPR or state privacy laws must contact Member Services specifically to request destruction of Biological Samples, as the standard online deletion tools apply to Personal Information and Genetic Information rather than to Biological Samples as defined in this document.
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