Ancestry DNA Lawsuit: The Genetic-Privacy Claims

The Genetic-Privacy Claims

Ancestry, the genealogy and DNA-testing company, has been targeted by class actions under Illinois’s Genetic Information Privacy Act (GIPA) — a law, distinct from the better-known biometric-privacy statute BIPA, that restricts how companies collect, use and disclose a person’s genetic information without consent. Suits have alleged, among other things, concerns about DNA data after Ancestry was acquired by a private-equity owner, with one Illinois case seeking very large statutory damages.

Genetic data is uniquely sensitive — it cannot be changed and implicates relatives — which is why Illinois gives it special protection with steep per-violation penalties.

The Mixed Outcomes

The results have not been one-sided. Ancestry has defeated some GIPA claims — including a case over data-sharing after its acquisition — while a wave of GIPA filings has continued to test the law’s reach against genealogy and testing companies. GIPA litigation is newer and less settled than BIPA, so courts are still working out what conduct it covers and what plaintiffs must show.

That uncertainty is itself the story: genetic-privacy law is an active frontier, and Ancestry is one of its main test subjects.

What Consumers Should Know

If you use a DNA-testing service, review its privacy settings and data-sharing and research consent options, and check what happens to your sample and data if the company is sold. Illinois residents have unusually strong genetic-privacy rights; elsewhere, protections vary. You can typically request deletion of your data and destruction of your sample.